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2000-12-18 CC Agenda PacketALBERTVILLE CITY COUNCIL AGENDA December 18, 2000 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) December 4, 2000, City Council Meeting 3. CITIZEN FORUM - (lo Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (b) Appointment to Fill Potential Vacancy on City Council Memo • Letters of interest (c) Authorize payment of all just claims received by December 31, 2000 5. DEPARTMENT BUSINESS a. Public Works/Public Utilities (1) Public Works Report • Bids for garage doors (2) Water/Wastewater Treatment Departments Report b. Planning & Zoning (1) Albert Villas 3Td Addition • PUD Final Plan • Final Plat - Resolution #2000-42 (Changing the Comprehensive Land Use Plan from Agricultural/Rural to Low Density Residential) - Ordinance #2000-15 (Rezoning the Site from A-1 to R-IA) (2) Albert Villas 4`" Addition • Amendment to Comp Plan to change land use from Agricultural/Rural to Low Density Residential • Rezone from A-1 toR-lA • Shoreland PUD • Conditional Use Permit to allow the site to develop as a PUD • Preliminary Plat (3) Heuring Meadows • Preliminary Plat - Comments from Pilot Land Development Company City Council Agenda December 18, 2000 Page 2 of 2 (4) Albertville Primary School • Preliminary & Final Plat c. Fire Department • Electrical Bids d. Engineering • None e. Legal (1) Developer's Agreement — Albert Villas P Addition (2) Parkside Commercial Center plat and CUP • Letter from Pilot Land Development Company f. Administration (1) Discuss lease of 30+ acre City -owned parcel to John Kolles for agricultural purposes for the 2001 season (2) Approve permit for keeping three dogs on the premises for David and Jennifer Tice, 5541 Main Avenue NE (per Section 27, Subdivision 5, Ordinance #1989-5) (3) Quote from B & B Masonry to construct an additional office at City Hall (4) Resolution #2000-44 (A Resolution Adopting the Final 2000 Tax Levy Collectible in 2001) (5) Resolution 42000-45 (A Resolution Adopting the 2001 Final Budget) (6) Resolution #2000-46 (A Resolution Establishing 2001 Wages for City Employees) (7) Approve hiring maintenance worker & receptionist/secretary as recommended 6. ADJOURNMENT Y - i ALBERTVILLE CITY COUNCIL 2o, December 4, 2000 Albertville City Hall 7:00 PM PRESENT: Councilmembers Keith Franklin, Gary McCormack, Bob Gundersen, and John Vetsch, City Engineer Wayne Stark, City Attorney Mike Couri, City Planner Cindy Sherman, and City Administrator -Clerk Linda Goeb Acting Mayor Gundersen called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 5e(1) — Resolution #2000-43 (Declaring the Official Intent of the City of Albertville to Hold Land for Later Resale in Furtherance of the Economic Development of the City) • Add Item 5e(2) - Assignment of Developer's Agreement — Mooney Addition • Add Item 5e(3) — Special Assessment Allocation Agreement — Mooney Addition • Add Item 5f(3) — Ice Arena finances • Add Item 5f(4) — Vacation of Councilmember Gundersen's seat at year end Vetsch made a motion to approve the agenda as amended. Franklin seconded the motion. All voted aye. McCormack made a motion to approve the minutes of the November 20, 2000, Canvassing Board meeting as presented. Vetsch seconded the motion. Gundersen, McCormack and Vetsch voted aye. Franklin abstained. The motion carried. The minutes of the November 20, 2000, regular meeting were amended as follows: • Page 4, Paragraph 5 — "All voted aye" is replaced with "Franklin, Vetsch, Gundersen and Olson voted aye. McCormack voted no. The motion carried." • Paragraph 9, Page 4 is clarified to include that the Council approved amending the current contract with the Wright County Sheriff's Department, increasing coverage from 8 hours per day to 16 hours per day in year 2001. Vetsch made a motion to approve the minutes of the November 20, 2000, meeting as amended. Franklin seconded the motion. All voted aye. Acting Mayor Gundersen asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. No one addressed the Council. Franklin made a motion to approve payment of Check #13864 —13926 as presented. Vetsch seconded the motion. All voted aye. McCormack made a motion to accept the Public Works Department Report. Franklin seconded the motion. All voted aye. Planner Cindy Sherman reported that the developer for the Albert Villas 3rd Addition have requested that the PUD Final Plan and Final Plat be tabled to the next regular meeting on t ALBERTVILLE CITY COUNCIL December 4, 2000 Page 2 of 3 December 181h to allow for the completion of the Developer's Agreement at the same time. The Council agreed to table action until December 18`h Engineer Wayne Stark presented the signage plan for the Westwind Park area. Three stop signs and several "Watch for Children" signs are proposed. McCormack made a motion to approve the signage plan as presented due to the number of children in the area and the proximity of Westwind Park. Franklin seconded the motion. All voted aye. Franklin made a motion to approve Resolution #2000-43 titled Declaring the Official Intent of the City of Albertville to Hold Land for Later Resale in Furtherance of the Economic Development of the City. McCormack seconded the motion. All voted aye. City Attorney Couri explained the two parties have purchased each of the two parcels in the Mooney Addition. Couri explained the developer's agreement for the Mooney Addition must now be assigned to each of the two owners and presented the Assignment of Developer's Agreement document for consideration. Franklin made a motion to approve the Assignment of Developer's Agreement for the Mooney Addition as presented. Vetsch seconded the motion. All voted aye. Couri explained that the special assessments on the Mooney Addition must be allocated between the two parcels and two owners. McCormack made a motion to approve the Special Assessment Allocation Agreement for the Mooney Addition. Franklin seconded the motion. All voted aye. The Council agreed to have the mayor and the administrator review the applications and conduct interviews for the Receptionist/Secretary position. The mayor, the administrator and the public works head will review the applications and conduct the interviews for the position of Maintenance Worker. Councilmember Vetsch reported on the STMA Ice Arena's Board discussion on the repayment of the two loans from each of the parties. The City of St. Michael and the School District may have agreed to consider the loans as "gifts". The Council reiterated that the City of Albertville considers the monies as loans to be repaid. Councilmember Gundersen reported that he must resign his position on the Council when he moves to Otsego at the end of the year. Linda reported that she has received three letter of interest in the appointment to the Council when the seat becomes vacant. ALBERTVILLE CITY COUNCIL December 4, 2000 Page 3 of 3 McCormack made a motion to adjourn at 7:50 PM. Franklin seconded the motion. All voted aye. Bob Gundersen, Acting Mayor Linda Goeb, City Administrator CLAIMS LIST December 18, 2000 �Q Check No. Vendor Amount 13936 ARAMARK UNIFORM SERVICES 120.40 13937 BOYER TRUCKS 480.02 13938 BUFFALO BITUMINOUS INC. 9,324.05 13939 CAMPBELL, JOE 40.60 13940 CARQUEST 344.96 13941 CITY OF MONTICELLO 297.00 13942 CJ'S LINEN SERVICE 21.30 13943 COURI & MACARTHUR 7,590.00 13944 CROW RIVER FARM EQUIPMENT 114.30 13945 DYS TOTAL HOME CARE CENTER 309.43 13946 DON'S AUTO & REPAIR 58.36 13947 EGGEN'S DIRECT SERVICE, INC. 384.71 13948 ELECTION SYSTEMS & SOFTWARE 1,154.66 13949 FEHN GRAVEL & EXCAVATING 90.00 13950 FIRST NATIONAL BANK 4,842.68 13951 FLICKER'S TV & APPLIANCE 59.00 13952 FRENCH LAKE CURB CO. 23,013.65 13953 GAGNON PRINTING 176.07 13954 GOPHER STATE ONE CALL, INC. 20.80 13955 GRIDOR CONSTRUCTION 277,621.00 13956 HARVEST PRINTING 153.47 13957 HAWKINS CHEMICAL, INC. 385.51 13958 HIGHLAND BANK 9,858.28 13959 HULTING/KELLY 1,600.00 13960 LANO EQUIPMENT 20.46 13961 LINDA GOEB 28.13 13962 MIDWEST ANALYTICAL SERVICES 112.00 13963 MINNCOMM 77.64 13964 MN STATE FIRE CHIEFS ASSOC. 50.00 13965 1 MONTICELLO ANIMAL CONTROL 36.00 13966 NORTHERN TOOL & EQUIPMENT 23.41 CLAIMS LIST December 18, 2000 13967 NORTHWEST ASSOCIATED CONSULTAN 3,389.12 13968 NSP 5,631.61 13969 Void 13970 OMANN BROTHERS 14,156.29 13971 PATS 66 455.28 13972 PLAISTED COMPANIES 242.82 13973 ROCKFORD STATE BANK 9,858.28 13974 S.E.H./R.C.M. 49,419.37 13975 Void _ 13976 SCHARBER & SONS 320.08 13977 SECURITY STATE BANK OF MAPLE L 9,858.28 13978 SPRINGSTED 17,448.58 13979 U. S. POSTMASTER 192.96 13980 UNIFORMS UNLIMITED INC 26.36 13981 WEBER OIL COMPANY 1,040.94 13982 WRIGHT COUNTY ASSESSOR 15.00 13983 1WRIGHT RECYCLING 1,715.00 TOTAL BILLS 452,177.86 CITY OF ALBERTVILLE Friday, December 15, 2000 Check Detail Register Page 1 of 6 Check Amt Invoice Comment 10100 Security State Bank UnPaid ARAMARK UNIFORM SERVICES E 602-49400-417 Uniform Rentals $20.07 John -Water E 101-43100-417 Uniform Rentals $40.13 Ken E 101-45100-417 Uniform Rentals $40.13 Tim E 601-49450-417 Uniform Rentals $20.07 John - WWTF Total ARAMARK UNIFORM SERVICES $120.40 Unpaid BOYER TRUCKS ' E 101-43100-404 Repair/Maint - Machinery/Equip $480.02 6183R Gas Tank Total BOYER TRUCKS $480.02 Unpaid BUFFALO BITUMINOUS INC. E 446-49000-310 Other Professional Services $2,167.45 94659 Ramp Streets @ Curb/Gutter E 101-43100-224 Street Overlayment $7,156.60 Final 2000 Street Overlay Total BUFFALO BITUMINOUS INC. $9,324.05 UnPaid CAMPBELL, JOE E 101-42000-331 Travel Expenses $40.60 EMT Training Mileage Total CAMPBELL, JOE $40.60 ,.. .:� �. . Unpaid CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip $116.27 182719 E 101-43100-215 Shop Supplies $67.71 182720 E 101-43100-404 Repair/Maint - Machinery/Equip $60.32 183086 E 101-43100-215 Shop Supplies $5.62 183927 E 101-43100-404 Repair/Maint - Machinery/Equip $55.56 183945 E 101-43100-215 Shop Supplies $1.32 183977 E 101-43100-404 Repair/Maint - Machinery/Equip $4.47 184005 E 101-43100-404 Repair/Maint - Machinery/Equip $33.69 184274 Total CARQUEST $344.96 Unpaid CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $297.00 6504 Total CITY OF MONTICELLO $297.00 UnPaid CTS LINEN SERVICE E 101-42000-200 Office Supplies (GENERAL) $21.30 13497 Cleaning Total CJ'S LINEN SERVICE $21.30 UnPald COURT & MACARTHUR E 451-49000-304 Legal Fees $82.50 Mooney Addition E 101-41600-304 Legal Fees $2,887.50 General E 429-49000-304 Legal Fees $1,925.00 CSAH19/37 E 456-49000-304 Legal Fees $1,127.50 Towne Lakes E 457-49000-304 Legal Fees $660.00 Heuring Meadows E 450-49000-304 Legal Fees $27.50 AV2 E 101-41600-304 Legal Fees $110.00 GEM Mortgage R 101-34103 Zoning and Subdivision Fees $82.50 Highlands Project E 101-41600-304 Legal Fees $55.00 Cottages of Albertville E 450-49000-304 Legal Fees $55.00 AV4 E 601-49450-300 Professional Srvs (GENERAL) $27.50 Legal Fees CITY OF ALBERTVILLE Friday, December 15, 2000 Check Detail Register Page 2 of 6 Check Amt Invoice Comment „ry x s ....�..�. „ a4. E 438-49000-304 Legal Fees $27.50 CCS6 E 438-49000-304 Legal Fees $27.50 CCN3 E 450-49000-304 Legal Fees $495.00 AV3 Total COURT & MACARTHUR $7,590.00 9nPaid � CROW RIVER FARM EQUIPMENT E 101-43100-215 Shop Supplies $114.30 79300 Metal for Shop Total CROW RIVER FARM EQUIPMENT $114.30 UnPaid DJ'S TOTAL HOME CARE CENTER E 101-43100-215 Shop Supplies $161,31 E 101-45100-404 Repair/Maint - Machinery/Equip $53.55 E 601-49450-210 Operating Supplies (GENERAL) $52.06 E 101-43100-404 Repair/Maint - Machinery/Equip $42.51 Total DJ'S TOTAL HOME CARE CENTER $309.43 UnPaid ,:_ DON'S AUTO & REPAIR E 101-42000-212 Motor Fuels $23.86 22845 Diesel - Tanker #3 E 101-43100-212 Motor Fuels $34.50 251012 Propane for Tar Wagon Total DON'S AUTO & REPAIR $58.36 Unpaid EGGEN'S DIRECT SERVICE, INC. E 601-49450-212 Motor Fuels $48.09 E 602-49400-212 Motor Fuels $48.09 E 101-45100-212 Motor Fuels $96.18 E 101-43100-212 Motor Fuels $192.35 Total EGGEN'S DIRECT SERVICE, INC. $384.71 UnPaid .e. t . ELECTION SYSTEMS & SOFTWARE E 101-41400-592 Elections $1,154.66 447547 Coding Proms/Pack Total ELECTION SYSTEMS & SOFTWARE $1,154.66 Unpaid FEHN GRAVEL & EXCAVATING E 101-43100-221 Ice Removal $90.00 2301 Hauling Salt Total FEHN GRAVEL & EXCAVATING $90.00 UnPaid FIRST NATIONAL BANK E 323-47000-611 Bond Interest $642.68 1992A GO Bond E 323-47000-601 Debt Sry Bond Principal $4,200.00 1992A GO Bond Total FIRST NATIONAL BANK $4,842.68 Unpaid FLICKER'S TV & APPLIANCE E 601-49450-404 Repair/Maint - Machinery/Equip $59.00 21688 Total FLICKER'S TV & APPLIANCE $59.00 UnPaid . ..... ......... ..FRENCH LAKE.x _„ CURB CO. E 101-45100-589 C/O - Park/Trail Construction $23,013.65 Pay No. 1 53rd Street Sidewalks Total FRENCH LAKE CURB CO. $23,013.65 UnPaid GAGNON PRINTING E 601-49450-203 Printed Forms E 602-49400-203 Printed Forms $88.03 Meter Read Cards $88.04 14170 Meter Read Cards CITY OF ALBERTVILLE Friday, December 15, 2000 Check Detail Register Page 3 of 6 Check Amt Invoice Comment Total GAGNON PRINTING $176.07 UnPaid GOPHER STATE ONE CALL, INC. E 601-49450-210 Operating Supplies (GENERAL) $10.40 110083 Locates E 602-49400-210 Operating Supplies (GENERAL) $10.40 110083 Locates Total GOPHER STATE ONE CALL, INC. $20.80 Unpaid GRIDOR CONSTRUCTION E 460-49480-310 Other Professional Services $277,621.00 Pay No. 4 WWTF Expansion Total GRIDOR CONSTRUCTION $277,621.00 Unpaid HARVEST PRINTING E 101-42000-200 Office Supplies (GENERAL) $153.47 7068 EMS Reports Total HARVEST PRINTING $153.47 Unpaid HAWKINS CHEMICAL, INC. E 601-49450-216 Chemicals - Alum $385.51 309425 Emulsion Total HAWKINS CHEMICAL, INC. $385.51 Unpaid HIGHLAND BANK E 323-47000-601 Debt Sry Bond Principal $8,600.00 1992 GO Bond E 323-47000-611 Bond Interest $1,258.28 1992 GO Bond Total HIGHLAND BANK $9,858.28 Unpaid HULTING/KELLY E 101-45100-589 C/O - Park/Trail Construction $1,600.00 84467 11328 53rd Street Total HULTING/KELLY $1,600.00 UnPaid LAND EQUIPMENT E 101-43100-321 Telephone $25.88 20422212009 PW-Ken E 602-49400-321 Telephone $12.94 20422212009 Water -John E 601-49450-321 Telephone $12.94 20422212009 WWTF-John E 101-45100-321 Telephone $25.88 20422212009 Parks -Tim Total MINNCOMM $77.64 Unpaid MN STATE FIRE CHIEFS ASSOC. E 101-42000-433 Dues and Subscriptions $50.00 2001 Membership Dues Total MN STATE FIRE CHIEFS ASSOC. $50.00 Unpaid NIMAL CONTROL f CITY OF ALBERTVILLE Friday, December 15, 2000 Check Detail Register Page 4 of 6 Check Amt Invoice Comment E 101-42700-309 Animal Control Contract $36.� 00 187 Total MONTICELLO ANIMAL CONTROL $36.00 UnPaid NORTHERN TOOL & EQUIPMENT E 101-43100-215 Shop Supplies $23.41 19294251 band -saw blade Total NORTHERN TOOL & EQUIPMENT $23.41 LTA,.N,,,. ASSOCI NORTHWEST,A�S66IATED CONSU. E 101-41910-306 Planning Fees $410.70 9723 Shoreland Regulations E 101-41910-306 Planning Fees $316.59 9723 General E 456-49000-306 Planning Fees $737.45 9724 Towne Lakes E 457-49000-306 Planning Fees $428.00 9724 Heuring Meadows E 450-49000-306 Planning Fees $340.50 9724 AV4 R 101-34103 Zoning and Subdivision Fees $225.00 9724 Park View Place Re -plat R 101-34103 Zoning and Subdivision Fees $99.70 9724 AWE Fence R 101-34103 Zoning and Subdivision Fees $90.00 9724 Joint Powers Board R 101-34103 Zoning and Subdivision Fees $63.68 9724 Highlands 3 R 101-34103 Zoning and Subdivision Fees $37.50 9724 Culvers E 450-49000-306 Planning Fees $390.00 9724 AV3 E 101-41910-306 Planning Fees $250.00 9725 Meetings Total NORTHWEST ASSOCIATED CONSULTAN $3,389.12 UnPaid NSP E 101-41940-381 Electric Utilities $3.14 Civil Defense Siren E 101-43100-381 Electric Utilities $91.38 PW E 101-43160-381 Electric Utilities $3,183.66 Street Lights E 601-49450-381 Electric Utilities $1,509.13 WWTF E 101-42000-381 Electric Utilities $290.69 Fire Hall E 101-41940-381 Electric Utilities $188.20 City Hall E 601-49450-381 Electric Utilities $102.84 Savitski Lift Station E 101-45100-381 Electric Utilities $82.68 City Park E 601-49450-381 Electric Utilities $73.95 52nd St Lift Station E 101-41940-381 Electric Utilities $48.03 Barthel House E 101-45100-381 Electric Utilities $22.74 4 Seasons Park E 101-41940-381 Electric Utilities $20.15 Park -n- Ride Lot E 101-45100-381 Electric Utilities $7.51 Lions Shelter E 101-41940-381 Electric Utilities $7.51 Sign Board Total NSP $5,631.61 UnPaid OMANN BROTHERS E 101-45100-404 Repair/Maint - Machinery/Equip $325.00 3416 Patching Tennis Court E 201-45200-520 Buildings and Structures $13,831.29 Final Payment Oakside Park Total OMANN BROTHERS $14,156.29 UnPaid PAT'S 66 E 101-45100-404 Repair/Maint - Machinery/Equip $417.46 15462 John Deere tires E 101-41400-592 Elections $33.76 25436 Election Expenses E 101-45100-212 Motor Fuels $4.06 25583 Gas/Fuel Total PATS 66 $455.28 UnPaid PLAISTED COMPANIES E 101-43100-221 Ice Removal $242.82 244769 Sand CITY OF ALBERTVILLE Friday, December 15, 2000 Check Detail Register Page 5 of 6 Check Amt Invoice Comment Total PLAISTED COMPANIES $242.82 UnPaid ROCKFORD STATE BANK E 323-47000-611 Bond Interest $1,258.28 1992 GO Bond E 323-47000-601 Debt Sry Bond Principal $8,600.00 1992 GO Bond Total ROCKFORD STATE BANK $9,858.28 UnPaid S.E.H./R.C.M. E 450-49000-303 Engineering Fees $365.90 70385 AV1 E 456-49000-303 Engineering Fees $625.80 70386 Towne Lakes E 101-43100-224 Street Overlayment $82.50 70387 Street Overlay E 438-49000-303 Engineering Fees $646.48 70388 CCS4 E 450-49000-303 Engineering Fees $4,566.62 70389 AV2 E 201-45200-303 Engineering Fees $3,372.77 70390 City Park Improvements R 101-34103 Zoning and Subdivision Fees $413.00 70391 Outlets 2 E 438-49000-303 Engineering Fees $565.48 70392 CCS6 E 601-49450-300 Professional Srvs (GENERAL) $100.00 70393 ENG-Comp Plan E 602-49400-300 Professional Srvs (GENERAL) $100.00 70393 ENG-Comp Plan E 450-49000-303 Engineering Fees $1,971.00 70394 AV3 E 457-49000-303 Engineering Fees $1,514.50 70395 Heuring Meadows E 444-49000-303 Engineering Fees $615.20 70396 Psyk's 7 E 101-45100-589 C/O - Park/Trail Construction $420.00 70397 53rd Street Sidewalk E 454-49450-303 Engineering Fees $2,523.92 70398 SW Lift E 429-49000-303 Engineering Fees $4,538.90 70406 Peterson Survey E 101-41700-303 Engineering Fees $3,741.80 70461 General E 446-49000-303 Engineering Fees $267.50 70493 Fire Hall E 460-49450-303 Engineering Fees $22,988.00 70737 WWTF Total S.E.H./R.C.M. $49,419.37 UnPaid SCHARBER & SONS E 101-45100-404 Repair/Maint - Machinery/Equip $320.08 239143 Actuator/John Deere Total SCHARBER & SONS $320.08 Unpaid SECURITY STATE BANK &MAPLE L E 323-47000-611 Bond Interest $1,258.28 1992 GO Bond E 323-47000-601 Debt Sry Bond Principal $8,600.00 1992 GO Bond Total SECURITY STATE BANK OF MAPLE L $9,858.28 E 460-49450-310 Other Professional Services $17,448.58 00000001 Bond Issue Total SPRINGSTED $17,448.58 UnPaid U. S. POSTMASTER E 601-49450-322 Postage $96.48 Bulk Mail 4th Qtr Meter Cards E 602-49400-322 Postage $96.48 Bulk Mail 4th Qtr Meter Cards Total U. S. POSTMASTER $192.96 Unpaid UNIFORMS UNLIMITED INC E 101-42000-417 Uniform Rentals $26.36 46590 Uniforms Total UNIFORMS UNLIMITED INC $26.36 UnPaid WEBER OIL COMPANY CITY OF ALBERTVILLE Friday, December 15, 2000 Check Detail Register Page 6 of 6 Check Amt Invoice Comment 1'� r E 101-43100-212 Motor Fuels $995.78 38811 Fuel Tank E 101-43100-215 Shop Supplies $45.16 38827 Grease Total WEBER OIL COMPANY $1,040.94 Unpaid WRIGHT COUNTY ASSESSOR E 101-42000-200 Office Supplies (GENERAL) $15.00 Net Tax Capacity Info Total WRIGHT COUNTY ASSESSOR $15.00 Unpaid WRIGHT RECYCLING.��.x,.,..,.P��,....m�.a..,�,�.,k E 101-43200-308 Recycling Contract Fee $1,715.00 November Recycling Total WRIGHT RECYCLING $1,715.00 10100 Security State Bank $452,177.86 IL MEMORANDUM TO: ALBERTVILLE CITY COUNCIL; LINDA GOEB, CITY ADMINISTRATOR; FROM: MIKE COURI, CITY ATTORNEY SUBJECT: APPOINTMENT TO FILL POTENTIAL VACANCY ON CITY COUNCIL DATE: NOVEMBER 30, 2000. There has recently been some discussion at a prior City Council meeting regarding this City Council filling a vacancy on the Council which is expected to occur when Bob Gunderson resigns later this year. The remaining members of the City Council can fill the vacancy anytime after a written resignation is presented to and accepted by the Council. As a general rule, the Council can fill the seat by appointing any resident of the City aged 21 or over who is a qualified voter. One of the few exceptions to that rule is that the Council cannot appoint a sitting City Council member to fill another City Council member's seat (see attached Minn. Stat. § 471.46). While the statute does not prevent a Council member from being appointed to the position of Mayor, it does prevent a Council member from being appointed to another- Council seat other than Mayor. Note also that the prior resignation of a Council member is not sufficient to allow that member to be reappointed to another Council seat. In short, if the appointment is to occur prior- to January 1, 2000, none of the current City Council members can be appointed to fill the vacancy. If the appointment occurs after January 1, 2000, any member of the current City Council who is not a member of the post -January 1, 2000 City Council may be appointed to the vacant seat, if the Council at that time so desires. MSA § 471.46, Vacancies; persons ineligible to appointment *72159 M.S.A. § 471.46 MINNESOTA STATUTES ANNOTATED MUNICIPALITIES CHAPTER 471. MUNICIPAL RIGHTS, POWERS, DUTIES Current through End of 1999 Reg. Sess 471.46. Vacancies; persons ineligible to appointment No county, city, town or school district officer shall be appointed to fill a vacancy in any elective office if the officer has the power, either alone or as a member of a board, to make the appointment; and the ineligibility shall not be affected by resignation before such appointment is made. This section shall not prevent the appointment of a member of a city council to the office of mayor or clerk, but in that case the member shall not vote in the appointment. CREDIT(S) 1994 Main Volume Amended by Laws 1959, c. 422, § 1; Laws 1973, c. 123, art. S, § 7, Laws 1986, c. 444. <General Materials (GM) - References, Annotations, or Tables> HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1994 Main Volume Derivation: Laws 1943, c. 346, § 1. St.Supp.1940, § 25449. Laws 1939, c. 249, § 1. Laws 1943, c. 346, § 1, rewrote this section which formerly read: "Whenever a vacancy shall occur in any elective county, municipal or school district office, which vacancy is tilled by appointment, any person who has the power of appointment, either individually or acting on any Commission or Board shall be ineligible for appointment to till such vacancy, Page 1 whether or not he resigns from his office, by reason of which he has said power of appointment, before said appointment is made." The 1959 amendment modified the sentence relating to a member of a city or village council being appointed to a different office, by substituting "to the office of mayor or clerk" for "to a different office on the council", and adding the provision that the member can not vote in the appointment. Laws 1973, c. 123, art. 5_ § 7, was a general authorization for the consolidation of the terns "villages" and "boroughs" into the term "cities" or the substitution of the tern "statutory cities" for "villages" and/or "boroughs." The 1986 amendment authorized the removal of nonsubstantive gender specific references. REFERENCES CROSS REFERENCES Offices of county, city, and school district attorneys not incompatible, see § 481.17. *72160 LIBRARY REFERENCES 1994 Main Volume Health and Environment <:-32. WESTLAW Topic No. 199. C.J.S. Health the Environment § § 28 to 36. 52. ANNOTATIONS NOTES OF DECISIONS Appointive offices 1 County commissioner 2 De facto officers 4 Eligibility after resignation 5 Mayor 3 1. Appointive offices The prohibitions of this section do not apply to appointive offices. Op.Atty.Gen., 358-E-1. Jan. 19, 1965. Mayor, not having a vote on the council, of which he is an ex officio member, could be appointed city attorney in view of the fact that the city attorneys office is an appointive rather than an elective one. Op.Attv.Gen., 63-B-23. April 10. 1963. Statute is inapplicable to city recorder of the City of Faribault, who is an appointive otficer. Op.Atty.Gen., 60, April4, 1952. Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 471.46, Vacancies; persons ineligible to appointment 2. County commissioner The town supervisor while serving as chairman of the town board, or the mayors while still in office are not eligible to be selected by the board of appointment to fill a vacancy in the office of county commissioner. Op.Atty.Gen. 124-K, Jan. 2, 1973. Neither the town supervisor, by resigning as chairman while still remaining a supervisor, nor any of the mayors would become eligible to be appointed to fill a vacancy in the office of county commissioner. Op.Atty.Gen. 124-K, Jan. 2, 1973. Statute precludes a member of city council from being appointed to fill vacancy in office of county commissioner where commissioner district is wholly within limits of city. Op.Atty.Gen., 126-H, Feb. 11, 1947. 3. Mayor The appointment of an alderman as mayor would not be within the prohibition of this section where the appointment was carried by a vote of five ayes to no nays. Op.Atty.Gen., 63-B-23, April 10, 1963. A councilman of the city of St. Paul is not eligible for appointment to till a vacancy in office of mayor, and the city comptroller and the members of the board of education are the only eligible elective city officials, who may be appointed to fill the vacancy. Op.Atty.Gen., 61-1, June 28, 1957. *72161 Under statute and International Falls City Charter, city council member was not eligible for appointment by city Page 2 council to the vacant office of mayor. Op.Atty.Gen.. 61-I, Sept. 4, 1953. 4. De facto officers Where appointee to vacancy in office of city assessor was ineligible for appointment, but had assumed office and was performing duties thereof he was a de facto officer until such time as a competent authority in a proper proceeding determined that he was not entitled to exercise the powers and duties of the office. Op.Atty.Gen.. 1952, No. 143, p. 271. 5. Eligibility after resignation Where vacancy in office of mayor of village operating under optional plan B of village government results from resignation, acting mayor performs duties only until village council appoints a successor, and the acting mayor does not become mayor for the balance of the term unless so appointed by the council. Op.Atty.Gen., 478-A, Jan. 18. 1957. In city where office of city assessor is elective office. city councilman who resigned from council could not be appointed city assessor. Op.Atty.Gen.. 1952_ No. 143, p. 271. A member of county board who resigns. may be thereafter appointed supervisor of assessments if his resignation was not prompted by an understanding that such appointment would be made, but if the resignation was prompted by such understanding, he would be ineligible for such appointment. Op.Atty.Gen., 12-F-1, July 25. 1947. Copyright (c) West Group 2000 No clam to original U.S. Govt. works November 22, 2000 TO: City of Albertville FROM: John Wm. Braun 11695 52nd ST NE Albertville, MN 55301-9626 (763)497-1934 REF: Vacant Council Seat To Whom It May Concern; I, John Wm. Braun, submit this letter expressing interest in the council seat currently held by Councilor Bob Gundersen. Allow me to take a few minutes to introduce myself. I have lived most of my life, in the city of Albertville. I can remember the days of playing in the yards of my friends. Watching as the sun went down, waiting for the perfect time to play a game of kick the can. Knowing that some day my kids will be playing the same games. My wife Angie and I have two great kids, LaTyshia (7) and Terry (2). I served 12 years in the United States Army. During my time on active duty, I had the honor of serving in many different duty positions, and to visit many great countries. I am currently a member of the Minnesota National Guard, working for the commanding general of the 34'h Infantry Division. I am currently employed as a managing team member, of a nation wide retail chain. I have been with Office Depot for over 1.5 years, and plan to continue serving with them. I understand the duty and time commitment of a city council member. My father, William Braun, lived his entire live in Albertville. I hope to draw on his fawned memories to better serve the city. My uncle, Robert Braun, served many years on City Council. I plan to use him as my mentor. With the help of these two men, I am sure, I can bring guidance to the council table. Thank you for your consideration. I look forward to hearing from you. Sincerely, J hn Wm. Braun i OUTDOOR ADVERTISING CO. BOX 218 - ALBERTVILLE, MINNESOTA 55301 TT (612) 497-3000 • 800-221-4144 "Outdoor advertising SELLS for you all day, every day." November 13, 2000 City of Albertville 5975 Main Avenue Albertville, MN 55301 Re: Council Position Available Dear City Council: I would very much appreciate being appointed to fill the position that is available due to Bob Gunderson's resignation. I have served on the Planning & Zoning Commission and the City Council for the past 24 months. I have been a resident of Albertville for the 4 years, and my business has been located here for the past 21 years. I believe that my past experience and true concern for the city would be beneficial to the council. As you know, in the last election, I received 752 votes from the citizens in my effort to serve on the City Council. I hope the council will take this into consideration when making its decision. Sincerely, O Keith Franklin November I6, 2000 5524 Kalland Ave. NE Albertville, MN 55301 612-497-6654 To: Mayor, City Council Members, and Administrator Linda Goeb : According to a recent article in the Crow River News, there will be a vacancy soon on the Albertville City Council. If this should happen, I would like to submit my name as a replacement for the vacant seat. I feel I am fully qualified for this position, as I served six years on the Minot, North Dakota ( Pop. 45000 ) City Council. I served from 1976 to 1982. 1 held the position of Vice Chairman of the council, Vice Chairman of the Public Works Committee, and member of the Liquor Control Committee. In a leadership role, I have been President of the Nodak Race Club in Minot, Pres. of Local 816, Chairman of the Judicial Qualification Committee. This position was appointed by then North Dakota's Governor Art Link. Also, I have been Chairman of the Burlington Northern Montana -Dakota Division Safety Committee, and received the honor of being named the Safety Man of the Year. I was employed with the Burlington Northern for 43 years. Here in Albertville, I belong to the Golden Age Club and attend the St. Albert Catholic Church. I also was the Girls Varsity Soccer head coach at Monticello High School for the 1998 and 1999 seasons. My wife and I own a town -house in the Cottages of Albertville Two, Assn. With this overview, you can see that I become involved in the community I live in. I would like to be interviewed for the future open seat on the council. I could then further elaborate on my qualifications. I can be reached at 612497-6654 day or night. Thank you Ron Klecker CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: December 15, 2000 SUBJECT: PUBLIC WORKS REPORT 5a(/ PUBLIC WORKS BUILDING/OLD CITY HALL — The maintenance building has 4-6 inches of insulation in the ceiling. Kevin Mealhouse suggested blowing 12 inches of fiberglass insulation on top. The cost of the insulation is about $980, if we do it ourselves. I have received quotes for the garage doors. The best prices were from Five Star Door, Inc. They are the ones that replace the door for the Fire Dept. I would like to raise one (1) doors height to match the door that the Fire Dept. put in so I can drive the loader straight through the building. The cost to do the one- (1) door is $2,450. The remaining doors are as follows: 1 — 12' 2" x 10' _ $1,200 2 —10' 2" x 10' _ $1,000/each ($2,000 total) I would like to put in at least one opener at a cost of $700. We can receive a 10% discount if we do all of the work at once. I will be at the meeting to explain. PARKS DEPARTMENT — The warming house and hockey rink is ready for use. STREETS DEPARTMENT — The Wright County Public Safety Department have been lax on their winter parking ticketing. There are still a number of residents parking on the city streets overnight. TG:bmm CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Water Department DATE: December 15, 2000 SUBJECT: WWTF REPORT WASTEWATER TREATMENT and WATER DEPARTMENT: In the first week of November I noticed evidence of a muskrat in Pond # 1. I set out some traps. I caught it and disposed of it on November 90'. I didn't see any more activity for two weeks then in late November I saw evidence of another one. I'm having difficulty catching this one and haven't caught it to date. It is getting very difficult with the snow and ice coverage. There is one budget item I would like to mention. It is the Collection Sys Maintenance. There has been no funds spent on sewer cleaning this year because of the high cost of sewer cleaning (.75 a foot) and the amount that was budgeted. I would like to pool this years budget and next years budget and try to get a portion done or put a down payment on our own machine. Typically this is not winter work because the equipment freezes up. I would like to roll over this year's Collection Sys Maintenance budget into next year's budget. Continuing to do daily, weekly and monthly duties. JM:bmm Bridga's CAMy DocumerrtsTublic Works ReportslWWPPR-12-15-00.doc 9 k / � j � 9 aC)>-n }�\/ #E■� , z z\ »■ Gz�2 §m o M k v ■ ©■ _> D■ mm §� 2m Q;u oM Lam §2 Mm a2 o-1 q > § > T E d E g 7®■� =}gym z ( z $ m & § 2 k � LA z m 9 U1 N E- rA 0 0 Ul 0 m z m 9 D 1 z L" cn w 0 v ra Og � m rn:E OD+ zM =i M O-f �X _m zD 03 mm mZ 0 O-1 X I al D -u U m M � � 3 Elk! m c m `D a m 3 D v v M m fD (D a 9 Z 0 0 0 o 0 r. T m X 3 m m z D 3 D v v M m N CA 'D r DAY OF WEEK PRECIPITATION INFLUEN mill 11 FLOW (MGD) MMMM ml EFFLUENT FLOW (M GD) ME-1121mall. INFLUENT CBODs CBODs IIIN��Yllfllll�llllll0EFFLUENT EFFLUENT CBODs EFFLUENT TSS III Ill�lllllli �III�O.. D.O. milliEFFLUENT 0 LE Al) N ^d U � o � C o, o b� �o 0 0 �, CA ed 'b o ► r 0 ci R o r-- g C's U CU O on cd. N N 033 N .O bb o oEn C 4@ y 3 a 4t -0�� o 0 > O °N' ON `o 3 - on o 4- 40 0 3 cd O O Cd O O cd O b 9 g E c`d t0", N G o N O p� 00 [ N N 00 U .W O N .-on 5 O o 0 O S z U U a O ti O C N Q-1 �v O Cd ..r O Cd ai N 0 a� 0 Q I G Z 0 � � Z' C4 V = h < � ^� _ u Z o M a �� o- O 0 Flo a 06 z z 0 4-O _ �, �• � � � �, to Oo 06 v o .. U a V Ui µad z O 0 1 U. 0 � > 0 O Q U. 0 �- .. .. F v o F' o O �t cG = � ' ca wc0<U. RN 56(i) NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com PLANNING REPORT TO: Albertville Mayor and City Council Linda Goeb, City Administrator FROM: Cindy Sherman DATE: November 29, 2000 RE: Albert Villas Third Addition • PUD Final Plan • Final Plat - Resolution 2000 - 42 Changing the Comprehensive Land Use Plan from Agricultural/Rural to Low Density Residential - Ordinance 2000 — 15 Rezoning the site from A-1 to R-1A FILE: 163.06 — 00.32 BACKGROUND Edina Development Corporation Inc. has submitted the final plat and PUD final plan of "Albert Villas Third Addition." The current submittal represents the third and final stage of development for the Albert Villas PUD, which was approved by the City Council on January 18, 2000. The plan was amended in May of 2000 to add an additional 9.51 acres. This stage of the project includes 68 lots and will complete the loop road connection south of the wetland area platted as outlot A. The original approval for the overall project included rezoning and a Comprehensive Plan amendment to change the designation of the site from agricultural/rural to low density residential. The implementation of the rezoning and Comprehensive Plan amendment is to take place at the time of final plat. Therefore, an Ordinance rezoning the site and a Resolution implementing the Comprehensive Plan amendment have been included for City Council adoption in addition to the final plat/PUD final plan. Attachments: Site Location Map Draft Findings of Fact and Recommendation Resolution implementing the Comprehensive Plan Amendment Ordinance implementing the rezoning Final Plat Maps EXECUTIVE SUMMARY The City Council approved the Comprehensive Plan amendment, rezoning, CUP/PUD and preliminary plat of Albert Villas on January 18, 2000 subject to a number of conditions outlined in the Findings of Fact and approval. The final plat/PUD of Albert Villas Third Addition has been reviewed based upon the applicable Zoning and Subdivision Ordinance requirements as well as the conditions of approval from January 18, 2000. The final plat is generally consistent with the preliminary plat previously approved by the City. Should the Council find the submitted plans acceptable, it is recommended that the following conditions be included in the Council action: 1. All final transportation, grading, drainage, and utility plans are subject to review and approval of the City Engineer. 2. All easements are dedicated and/or conveyed to the City subject to the approval of the City Engineer. 3. A street lighting plan is submitted specifying the style, height, strength/wattage and distribution of lights proposed within the development. The lighting plan and the location of lights shall be subject to review and approval of the City Engineer. 4. All required driveway, utility, trail and other permits required by the City Engineer and/or Wright County shall be obtained by the applicant. 5. A temporary turn -around facility and roadway easement is provided at the south end of Kaiser Ave. that conforms to the cul-de-sac requirements of the Subdivision Ordinance and that is acceptable to the City Engineer. 6. Area calculations shall be submitted for all outlots, lots, rights -of -way, and wetlands/ponds. 7. The developer satisfies park dedication requirements as specified in the PUD development agreement: a. An asphalt trail is constructed along the south side of CSAH 18 (within the right-of- way), subject to the approval of the City Engineer and Wright County. Albert Villas Third Addition Planning Report Page 2 b. Sidewalks are constructed as identified on the sidewalk plan dated October 11, 2000. Park dedication associated with the third phase of the development is paid and/or deeds provided for land prior to release of the final plat mylars. 11. Deed restrictions, in a form acceptable to the City Attorney are filed with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP easement and/or Amoco Pipeline easement indicating that no structures can be built within the easement areas or within 20 feet of wetlands, storm water ponds or County Ditch #9. 12. The applicant provides the City with the proposed means to disclose the location of all parks, sidewalks, trails and easements to future lot owners. 13.A property maintenance agreement and property owners association covenants are prepared by the applicant and submitted to the City Attorney for review and approval subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The agreements, covenants, and restrictions are to be filed with the Wright County Recorder's office as a deed restriction against the title of each lot, at the time of final plat. 14.The developer indicates the proposed use of model homes consistent with Section 2200 of the Zoning Ordinance. 15. A landscape plan is submitted showing planting locations, species, planting instructions and addressing the following conditions of PUD approval: a. The front and side yards (and/or any other yard which abuts a public street) of all lots shall be sodded. Rear yards that do not abut a public street may be seeded and mulched consistent with City regulations. b. A minimum of one shade tree or evergreen tree, conforming to the minimum size and species requirements of the Albertville Zoning Ordinance shall be planted prior to issuance of an occupancy permit for each lot within the final plat. c. An escrow for the landscape/screening materials in the amount equal to 150% of the estimated cost for said materials, is provided to assure installation and survivability of all required plantings. (All new plants shall be guaranteed for two full years from the time the planting has been completed). A cost estimate for plant materials and installation of screening shall be provided by the developer for the purposes of calculating the required escrow. 18.The developer shall enter into a Planned Unit Development agreement that is drafted and approved by the City Attorney. 19.The developer shall submit a Storm Water Pollution Control Plan and escrow consistent with the requirements of the Subdivision Ordinance and subject to review and approval of Albert Villas Third Addition Planning Report Page 3 the City Engineer. 20. The conditions outlined in the NSP letter (October 18, 1999) are satisfied by the developer and are incorporated into deed restrictions to be filed against Lots 1 through 14, Block 1. 21.A current title opinion or commitment of title insurance is submitted that is acceptable to the City Attorney. 22. The developer shall provide the City with a reproducible copy of the recorded final plat, either chronoflex or its equivalent, and two (2) prints prior to issuance of building permits for the plat. 23.All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 24.The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents within the required time line will render the final plat null and void. 25.Any other conditions as set forth by the City Council, City staff, City Consultants or other agency responsible for review of this application. DISCUSSION The final plat/PUD for Albert Villas Third Addition has been found to be in substantial compliance with the preliminary plat/PUD. The site contains a number of lots that have restricted building envelopes and the City Council intended that the developer be responsible to notify future buyers of the various easements and wetland setbacks. To ensure that prospective buyers are aware of the building restrictions, conditions of approval require the developer to submit deed restrictions that will be filed with Wright County for each lot. Additionally, the developer is required to provide the City with copies of sales literature identifying the location of the easements as well as all of the future park, trail and sidewalk improvements associated with the project. RECOMMENDATION A draft Findings of Fact and Decision document has been prepared outlining the suggested conditions of approval for this project. ACTIONS REQUESTED 1. A motion to approve, deny or conditionally approve the PUD final stage plan of Albert Villas Third Addition pursuant to the conditions of the attached Findings of Fact and Decision. Albert Villas Third Addition Planning Report Page 4 2. A motion to approve, deny or conditionally approve the final plat of Albert Villas Third Addition pursuant to the conditions of the attached Findings of Fact and Decision. 3. A motion to adopt Resolution 2000-_ (Exhibit B of Finding of Fact) implementing the Comprehensive Plan amendment to change the land use of the site from Agricultural/Rural to Low Density Residential. 4. A motion to adopt Ordinance 2000-_ (Exhibit C of Findings of Fact) implementing the rezoning to change the zoning of the site from A-1 to R-IA. (A CUP/PUD is also approved for the site allowing for lot area, setback and width flexibility pursuant to the Council approval granted on January 18, 2000). pc: Mike Couri, Pete Carlson, Kevin Mealhouse, Denise Johnson, Matt Davich and Gary Rudy. Albert Villas Third Addition Planning Report Page 5 CITY OF ALBERTVILLE RESOLUTION # 2000-42 A RESOLUTION OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA TO AMEND THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION OF PROPERTY WITHIN THE PROJECT KNOWN AS ALBERT VILLAS THIRD ADDITION. WHEREAS, the project commonly known as Albert Villas PUD (a single family development located northerly of County Ditch #9 and southerly of CSAH 18), was reviewed at seven public meetings held on 14 September 1999, 12 October 1999, 9 November 1999 and 14 December 1999; 3 January 2000, 11 January 2000; and 18 January 2000; and WHEREAS, a public hearing to consider the proposal to change the land use designation of the136.75 acre subject site from Agricultural/Rural to Low Density Residential was held by the Planning Commission on September 14, 1999, October 12, 1999, November 9, 1999 and December 14, 1999; and WHEREAS, notice of the public hearing on said motion was duly published and posted in accordance with the applicable Minnesota Statutes and persons attending were afforded the opportunity to comment on said amendment; and WHEREAS, the Planning Commission recommended approval of the proposed Comprehensive Plan amendment; and WHEREAS, the City Council held public meetings on January 3, 2000 and January 18, 2000 to consider the Comprehensive Plan amendment and persons attending were afforded the opportunity to comment on said amendment, and WHEREAS, on January 18, 2000 the City Council of Albertville approved the Comprehensive Plan amendment (pursuant to the conditions of the Findings of Fact and Decision dated 1-18-00), and WHEREAS, the implementation of the Comprehensive Plan land use designation changes are to occur at the time of final plat for each phase of the development, and WHEREAS, the final plat of the third phase of the development to be known as "Albert Villas Third Addition", was considered and approved by the City Council on December 4, 2000. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Albertville, Wright County, Minnesota that the Comprehensive Plan amendment to change the land use designation of the subject site "Albert Villas" final plat, to Low Density Residential is hereby approved. BE IT FURTHER RESOLVED, that upon adoption, this resolution shall be filed with the Wright County Recorder's Office. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 4th day of December 2000. CITY OF ALBERTVILLE John A. Olson, Mayor ATTEST: BY: Linda Goeb, City Administrator CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2000- AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ALBERTVILLE TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE HEREBY ORDAINS: SECTION 1. SECTION 300 ADMINISTRATION -AMENDMENTS (TEXT AND MAP) OF THE ALBERTVILLE ZONING ORDINANCE IS HEREBY AMENDED TO CHANGE THE ZONING CLASSIFICATION OF THE FOLLOWING LEGALLY DESCRIBED PROPERTY. LEGAL DESCRIPTION Outlot A, ALBERT VILLAS SECOND ADDITION, Wright County, Minnesota, according to the recorded plat thereof. SECTION 2. THE ABOVE DESCRIBED PROPERTY IS HEREBY REZONED FROM A-1, AGRICULTURAL RURAL TO R-1A, LOW DENSITY SINGLE FAMILY. SECTION 3. THE ZONING ADMINISTRATOR IS HEREBY DIRECTED TO MAKE THE APPROPRIATE CHANGE TO THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE TO REFLECT THE CHANGE IN ZONING CLASSIFICATION AS SET FORTH ABOVE. SECTION 4. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE AND PUBLICATION. ADOPTED by the Albertville City Council this 4th day of December 2000. CITY OF ALBERTVILLE 7 EXHIBIT B Albert Villas Third Addition Final Plat/Final Plan PUD CC Findings of Fact & Decision ATTEST: BY: Linda Goeb, City Administrator Fin John A. Olson, Mayor 8 EXHIBIT B Albert Villas Third Addition Final Plat/Final Plan PUD CC Findings of Fact & Decision Lot Area, Setback, Height and Coverage Requirements R1-A District Required Original Proposal Revised Proposal Density (Units per Acre) 2.9 1.34 1.30 Minimum Lot Area 15,000 sf 80 lots (44%) 12,524 sq. ft. Range of Lot Sizes 15,000 sf 12,505 — 35,647 sf 12,524 — 36,671 sq. ft. Required Minimum Useable 12,000 sf 30 lots (16% < 12,000 Upland lot area above O-H- 12,000) W (80% of required lot area must be above O-H-W) Lot Width 100 feet 80 — 150 feet (143 or 85 feet minimum 79% of the lots are 95.04 feet average less than 100' wide) Lot Width Corner Lot 120 feet 90 — 130 feet 100 feet minimum 2 Lots (10%) conform (except 2 lots are 95 feet" to requirement Average Lot Width Corner 101 feet 105.1 Lot Buffer Yard Lot Depth (lots 170 feet 165 feet" 170 feet except Block 9 which adjacent to arterial or major has 155 foot lots collector streets) Buffer Yard (lot width 25 feet 10 feet 10 feet requirements for side yards) Setback (PUD Periphery) 35 feet Unknown 35 feet Setbacks (front) 30 feet 30 feet 30 feet (side -interior) 15 feet 10 feet 10 feet (side -corner) 30 feet (side 20 feet 20 feet yard abutting a public street) (rear) 25 feet 30 feet 30 feet Wetland setback from O-H- 20 feet Unknown 20 feet W Building Height Maximum 35 feet Unknown 35 feet Maximum Lot Coverage for 25 percent of Unknown 25 percent of lot area Structures lot area Minimum Floor Area per 2 BR 960 sq. Unknown 2 BR 960 sq. ft. above ground Dwelling Unit ft. above 3 BR 1,040 sq. ft. above ground ground 3 BR 1,040 sq. ft. above ground 9 EXHIBIT C Albert Villas Third Addition Final Plat/Final Plan PUD CC Findings of Fact & Decision 12-18-00 CITY OF ALBERTVILLE City Council Findings of Fact & Decision - Final Plat - PUD Final Plan Applicant's Name: Albert Villas — Edina Development Corporation Inc. Request: Edina Development Corporation Inc., has submitted the final plat and PUD final plan for a 68 lot, single family subdivision to be known as Albert Villas Third Addition. The final plat is the third and final phase of development for the Albert Villas PUD that was approved by the City Council on January 18, 2000 and amended on May 1, 2000. The subject site is located south and east of Albert Villas (first phase) and is proposed to be zoned R-1A with an approved CUP/PUD which allows for lot area, width and setback flexibility. City Council Meeting Date: December 18, 2000 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is Outlot A, Albert Villas Second Addition, Wright County, Minnesota. B. The Planning Report dated November 29, 2000 is incorporated herein. C. The Comprehensive Plan Land Use Plan designation of the subject site is changed from Agricultural/Rural to Low Density Residential pursuant to City Council Resolution 2000-42. (Exhibit A) D. The Zoning District designation for the subject site is changed from A-1, Agricultural/Rural to R-1A, Low Density Single Family pursuant to City of Albertville Ordinance 2000-15. (Exhibit B). E. Approval of a CUP/PUD for the subject site was granted by the City Council subject to the provisions and flexibility considerations outlined in the Findings of Fact and Decision dated 1-18-2000. F. The PUD lot area, setback and dimension standards, which are applicable to the final plat, are attached as Exhibit C. G. The developer complies with the conditions of the NSP letter (October 18, 1999) attached as Exhibit D. 1 Albert Villas Third Addition Final Plat/Final Plan PUD CC Findings of Fact & Decision H. The final plat of Albert Villas Third Addition (with the conditions of approval outlined herein) is in substantial compliance with the approved CUP/PUD and preliminary plat. Decision: Based on the foregoing considerations and applicable ordinances, the final plat and PUD final plan of Albert Villas Third Addition is approved based on the most current plans and information received to date, subject to the following conditions: 1. All final transportation, grading, drainage, and utility plans are subject to review and approval of the City Engineer. 2. All easements are dedicated and/or conveyed to the City subject to the approval of the City Engineer. 3. A street lighting plan is submitted specifying the style, height, strength/wattage and distribution of lights proposed within the development. The lighting plan and the location of lights shall be subject to review and approval of the City Engineer. 4. All required driveway, utility, trail and other permits required by the City Engineer and/or Wright County shall be obtained by the applicant. 5. A temporary turn -around facility and roadway easement is provided at the south end of Kaiser Ave. that conforms to the cul-de-sac requirements of the Subdivision Ordinance and that is acceptable to the City Engineer. 6. Area calculations shall be submitted for all outlots, lots, rights -of -way, and wetlands/ponds. 7. The developer satisfies park dedication requirements as specified in the PUD development agreement: a. An asphalt trail is constructed along the south side of CSAH 18 (within the right-of- way), subject to the approval of the City Engineer and Wright County. b. Sidewalks are constructed as identified on the sidewalk plan dated October 11, 2000. Park dedication associated with the third phase of the development is paid and/or deeds provided for land prior to release of the final plat mylars. 11. Deed restrictions, in a form acceptable to the City Attorney are filed with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP easement and/or Amoco Pipeline easement indicating that no structures can be built within the easement areas or within 20 feet of wetlands, storm water ponds or County Ditch #9. 2 Albert Villas Third Addition Final Plat/Final Plan PUD CC Findings of Fact & Decision 12. The applicant provides the City with the proposed means to disclose the location of all parks, sidewalks, trails and easements to future lot owners. 13. A property maintenance agreement and property owners association covenants are prepared by the applicant and submitted to the City Attorney for review and approval subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The agreements, covenants, and restrictions are to be filed with the Wright County Recorder's office as a deed restriction against the title of each lot, at the time of final plat. 14.The developer indicates the proposed use of model homes consistent with Section 2200 of the Zoning Ordinance. 15.A landscape plan is submitted showing planting locations, species, planting instructions and addressing the following conditions of PUD approval: a. The front and side yards (and/or any other yard which abuts a public street) of all lots shall be sodded. Rear yards that do not abut a public street may be seeded and mulched consistent with City regulations. b. A minimum of one shade tree or evergreen tree, conforming to the minimum size and species requirements of the Albertville Zoning Ordinance shall be planted prior to issuance of an occupancy permit for each lot within the final plat. c. An escrow for the landscape/screening materials in the amount equal to 150% of the estimated cost for said materials, is provided to assure installation and survivability of all required plantings. (All new plants shall be guaranteed for two full years from the time the planting has been completed). A cost estimate for plant materials and installation of screening shall be provided by the developer for the purposes of calculating the required escrow. 18. The developer shall enter into a Planned Unit Development agreement that is drafted and approved by the City Attorney. 19. The developer shall submit a Storm Water Pollution Control Plan and escrow consistent with the requirements of the Subdivision Ordinance and subject to review and approval of the City Engineer. 20. The conditions outlined in the NSP letter (October 18, 1999) are satisfied by the developer and are incorporated into deed restrictions to be filed against Lots 1 through 14, Block 1. 21. A current title opinion or commitment of title insurance is submitted that is acceptable to the City Attorney. 22. The developer shall provide the City with a reproducible copy of the recorded final plat, 3 Albert Villas Third Addition Final Plat/Final Plan PUD CC Findings of Fact & Decision either chronoflex or its equivalent, and two (2) prints prior to issuance of building permits for the plat. 23.All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 24. The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents within the required time line will render the final plat null and void. 25.Any other conditions as set forth by the City Council, City staff, City Consultants or other agency responsible for review of this application. Adopted by the Albertville City Council this 7th day of August 2000. Attest: City of Albertville Linda Goeb, City Administrator John A. Olson, Mayor PC: Linda Goeb, Kevin Mealhouse, Mike Couri, Pete Carlson, Wayne Stark, Chad Cichos, Denise Johnson, Edina Development Corporation Inc. and Matt Davich. 4 Albert Villas Third Addition Final Plat/Final Plan PUD CC Findings of Fact & Decision CITY OF ALBERTVILLE RESOLUTION # 2000- A RESOLUTION OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA TO AMEND THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION OF PROPERTY WITHIN THE PROJECT KNOWN AS ALBERT VILLAS THIRD ADDITION. WHEREAS, the project commonly known as Albert Villas PUD (a single family development located northerly of County Ditch #9 and southerly of CSAH 18), was reviewed at seven public meetings held on 14 September 1999, 12 October 1999, 9 November 1999 and 14 December 1999; 3 January 2000, 11 January 2000; and 18 January 2000; and WHEREAS, a public hearing to consider the proposal to change the land use designation of the136.75 acre subject site from Agricultural/Rural to Low Density Residential was held by the Planning Commission on September 14, 1999, October 12, 1999, November 9, 1999 and December 14, 1999; and WHEREAS, notice of the public hearing on said motion was duly published and posted in accordance with the applicable Minnesota Statutes and persons attending were afforded the opportunity to comment on said amendment; and WHEREAS, the Planning Commission recommended approval of the proposed Comprehensive Plan amendment; and WHEREAS, the City Council held public meetings on January 3, 2000 and January 18, 2000 to consider the Comprehensive Plan amendment and persons attending were afforded the opportunity to comment on said amendment, and WHEREAS, on January 18, 2000 the City Council of Albertville approved the Comprehensive Plan amendment (pursuant to the conditions of the Findings of Fact and Decision dated 1-18-00), and WHEREAS, the implementation of the Comprehensive Plan land use designation changes are to occur at the time of final plat for each phase of the development, and WHEREAS, the final plat of the third phase of the development to be known as "Albert Villas Third Addition", was considered and approved by the City Council on December 4, 2000. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Albertville, Wright County, Minnesota that the Comprehensive Plan amendment to change the land use 5 EXHIBIT A Albert Villas Third Addition Final Plat/Final Plan PUD CC Findings of Fact & Decision designation of the subject site "Albert Villas" final plat, to Low Density Residential is hereby approved. BE IT FURTHER RESOLVED, that upon adoption, this resolution shall be filed with the Wright County Recorder's Office. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 41h day of December 2000. CITY OF ALBERTVILLE BY: ATTEST: John A. Olson, Mayor BY: Linda Goeb, City Administrator 6 EXHIBIT A Albert Villas Third Addition Final Plat/Final Plan PUD CC Findings of Fact & Decision I, , ►a- Z - :�7 rM 9 Ej�h xam�sycrNuttwrwr,s., � � 0/\ / I v^; x a bR t t "-f r Nrswrw i �g0 10 z � • � g8 i � !b INT IN 9 Q 0 R _ - -7Hy�l A , rvs i.aome R -NTN- '"tibLll2'rS Ms/Mf �11Mti q— I �sv, gaaw i Q O �z 1 €2 Q r 9 M ia� � i L Ll pi A a w __________�; i.rs.Mw rA � zt R5 Apr i s3IN� r. A (. � i :r � L Q a r U p U O o� - 0 YE �o p3 � oc ua arc po ao� O C9 ;fj 4 O z `u ti u 2Z Y , '�� u o v a 0 oaU Zo �Ea. � o�> Ww D O p Vk eta p u C o h W hu z o o F— v ° m 0.o ccoa o C)ou as c°cn o a— n p aCuo u Einr `p,; `o p o�E n t G o u ti pa u'o a u 0 rn b0 Z b U W= a y V U o c_ � c°E ct O Z O O N �o � oa b 0 ao� o C N ES fi o p V a v ° v ua3 °a c o2E a hE `oa u n o u`.a V 3z Q0 +� Q QJ4 A (L (tl 14N .o4 Br Z..o � n 1 '1 Lu b J U0 U) . 1 n a I 0— V 3z Q0 VI Q Q �4 InA in lll� a� (L by Joe`` Q d mr zoo 40 A r� z W W Z C1 w W U Q � � z CL I m 2 2 W I W o Y 2 Q I 1 p � U, z p a � w to ^ - LU W a- a O �J W Ln W to ® O O O O U I u. U ?+ cy L e P= U O U U � j U � u o V � Q O Z � U " u e m o � h E C u � u O >E ho 03 t o`a rA S II II a o'er uai �v II uD_u _^ aN °=°co II R.ac �o fn aw A ua W, v`u 3 0 " � � u O d 60 A Co W QO O J O.V OQ aO p h O j�OC Q� Z C, ENr a u o v te a; c � .. •� c a o 0 vCX oa t 1 1 I 1 1 . NORTH �07 -J_ 14-- ems- 7 -7-- -- — —� Qo 2 oil W U Z = Z W W U 2 2 d co m � z O W V 2 W W � � Y _ z � 3 0 0 U vWi � 2 I^ o WLn e e w a a o 0 0 0 0 Y U U 4 L D ` S 3 y c o 41 U U= ` V D ab O O E aV O N b o ooD° o .EN o Dp St c ° 0 3 o3 ho uo D t 04 U., G oNE � hE vs O D L OV U� I 1 I 1 NORTHWEST ASSOCIATED } i CONSULT 5775 Wayzata Boulevard, Suite 555, St. Louis P ___ 1 o Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com PLANNING REPORT TO: Albertville Planning Commission Albertville Mayor and City Council FROM: Cindy Sherman DATE: October 5, 2000 RE: Albert Villas 4th Addition FILE NO: 163.06 — 00.23 EXECUTIVE SUMMARY Background Edina Development Corporation has submitted an application for Albert Villas 4th Addition. The application includes five requests: 1. An amendment to the Comprehensive Plan to change the land use from Agricultural/Rural to Low Density Residential. 2. Rezone from A-1, Agricultural Rural to R-1A, Low Density Residential. 3. Shoreland PUD to allow lots to be platted based upon the shoreland tier standard. 4. A CUP to allow the site to be developed as a Planned Unit Development in order to allow lot width flexibility. 5. Preliminary Plat to subdivide the 99.11-acre site for 156 single-family residential development. Attached for reference: Exhibits: A. Site location B. Preliminary Plat & Mitigation Plan C. Concept/Phasing & Landscape Plan D. Grading Plan E. Utility Plan Recommendation Staff recommends that the public hearing be opened and continued to the next meeting to provide the applicant an opportunity to address the Shoreland regulations. Staff recommends that the application be tabled to the November 14 meeting. Issues Analysis The Planning Commission and City Council reviewed the concept plan and recommended that the plan be modified as follows: ♦ Up to one half the lots may be designed with 100' widths. ♦ Up to one half the lots may be designed with a minimum 90' width. ♦ Standard side yard setbacks will apply. ♦ Park adjacent to the "lake " shall be eliminated and a 30'-40' trail corridor be provided. ♦ Park dedication shall be cash fees in lieu of land. ♦ Sidewalks shall connect with sidewalks in St. Michael ♦ A Landscape Plan shall be provided with the Development Stage Plan. The Plans have been modified to include the changes requested. Preliminary Plat/PUD Lots/Blocks The preliminary plat consists of 156 single-family lots. All lots meet or exceed the required R-1A base lot size of 15,000 sq. ft. with a minimum of 12,000 sq. ft. of upland per lot. Some of the lots have limited buildable area but it appears the area is adequate to accommodate contemporary house styles and useable yards. 67 lots have widths ranging from 90' to 99.9' and 89 lots have lot widths of 100' or more. Outlot A Outlot A runs the entire length of the East Side of the plat adjacent to the lake. The outlot is 30' to 70' in width and will be deeded to the City with the final plat. As part of the construction on the site the trail shall be graded and installed by the developer with restoration provided. Setbacks Albert Villas 41n Addition Page 2 The ordinance requires minimum setbacks as follows: R-1 District Minimum setback Front Yard 30 feet Side Yard -interior 15 feet Side Yard -corner 30 feet Rear Yard 25 feet All setbacks are proposed as required by ordinance Streets/Sidewalks All public streets are shown with 60-foot rights -of -way and streets are proposed to be 32' in width. Sidewalks are proposed on at least one side of each street. The design of the streets is subject to the review and approval of the City Engineer. Landscape Plan 47 Blue Spruce trees are proposed to be planted on the rear of the lots adjacent to Outlot A. Additionally, 2 shade trees per lot will be planted, the ordinance requires one tree per lot. Park Dedication There is no park land dedication proposed with the plat. Park dedication is proposed to be cash, currently it is $1500 per lot. Grading/DrainageMetland CUP Plans for grading and drainage/storm water management/wetland fill and mitigation have been submitted and are subject to the review and approval of the City Engineer. Utilities Plans for utility installation have been submitted and are subject to the review and approval of the City Engineer. Shoreland Provisions The site is located within the shoreland overlay district of Swamp Lake. Swamp Lake is a classified as a natural environment lake. The designation of the lake determines what the setback, lot area and lot width requirements are. In this case there are no riparian lots because of the proposed trail corridor, so the minimum lot area is 20,000 square feet and the minimum width is 125'. This Albert Villas 41h Addition Page 3 provision applies to all lots within 1000' of the ordinary high water (OHW) of the lake. This provision is not met. The applicant has indicated their desire to process the application under the Shoreland PUD provisions but no supporting data has been provided. Therefore, the plan does not meet the ordinance regulations under the Shoreland regulations. Conclusion The preliminary plat as proposed does not meet the requirements of the Shoreland Ordinance. The plan within 1000' of the OHW requires modification or supporting documentation regarding the Shoreland PUD request needs to be provided to indicate that the regulations are satisfied. The balance of the plat appears to meet the City regulations for the R1-A zoning district with PUD flexibility in lot width. Staff recommends that the item be tabled until the applicant provides complete information to address the Shoreland regulations. C. Albert Villas 4th Addition Page 4 CITY OF ALBERTVILLE 12-18-00 City Council Findings of Fact & Decision Preliminary Plat CUP/PUD Comprehensive Plan Amendment Rezoning Shoreland PUD Applicant's Name: Edina Development Corporation Inc. — Albert Villas 4th Addition Request: Edina Development Corporation Inc., has submitted a preliminary plat, CUP/PUD, comprehensive plan amendment, rezoning and PUD general plan for a 156 lot, single family subdivision to be known as Albert Villas Fourth Addition. The subject site is 99.11 acres in size and is located south and east of County Ditch #9 and south to the Albertville City limits. The site is proposed to be zoned R-1A with a CUP/PUD which allows for lot width flexibility and a Shoreland PUD which allows flexibility in the lot area and width requirements within certain distances of Swamp Lake. A Comprehensive Plan amendment will be necessary to allow the low density residential proposal in an area guided for agriculture and rural development. The property is currently zoned A-1, Agricultural/Rural. Rezoning to R-1A, Low Density Single Family, will be necessary to accommodate the proposal. A Conditional Use Permit / Planned Unit Development will be necessary to allow flexibility from the strict provisions of the Zoning Ordinance related to setbacks, lot area, and width. A preliminary plat for development of the north 136.75 acres of the site will be necessary to allow development of single family lots as proposed. Planning Commission Meeting Dates: September 12, 2000, October 10, 2000, November 14, 2000, and December 12, 2000 City Council Meeting Date: December 18, 2000 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is attached as Exhibit A B. The Planning Reports and Memorandum dated October 5, 2000 and December 6, 2000 from Northwest Associated Consultants are incorporated herein. C. The City Council finds the requested Comprehensive Plan amendment to change the land use designation of the site from Agricultural/Rural to Low Density Residential acceptable. 1 Albert Villas Fourth Addition Preliminary Plat etc CC Findings of Fact & Decision (The entire 99.1-acre site Comprehensive Land Use Plan designation shall be changed from Agricultural/Rural to Low Density Residential). D. The City Council finds the requested rezoning from A, Agricultural/Rural to R-1A Low Density Single Family acceptable and in conformance with the rezoning criteria contained in the City's Zoning Ordinance. (The entire 99.1 acre site Zohing classification shall be changed from A, Agricultural/Rural to R-1A Low Density Single Family Residential). E. The City Council finds the requested Schematic and Development Plan CUP/PUD to allow flexibility of lot width, acceptable and in conformance with the PUD criteria contained in the City's Zoning Ordinance. F. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. G. Traffic generated by the proposed use is within capabilities of streets serving the property with phasing as proposed and with an access to Highway 18. H. The requirements of Sections 300, 400 and 2700 of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. I. The City has adopted a negative declaration for the EAW concerning this project. (EAW Negative Declaration was adopted by the City Council on January 3, 2000). J. The City Council finds the preliminary plat acceptable. (156 single family lots with park proposal per attached Exhibit C, for the 99.1-acre parcel located south of County Ditch #9). K. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. L. The proposed development will be compatible with present and future land uses of the area. M. The proposed use conforms to all applicable Zoning Ordinance performance standards. N. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Comprehensive Plan amendment, rezoning, conditional use permit/planned unit development and preliminary plat based on the most current plans and information received to date subject to the following conditions: 2 Albert Villas Fourth Addition Preliminary Plat etc CC Findings of Fact & Decision 1. An amendment to the Comprehensive Plan to change the land use from Agricultural/Rural to Low Density Residential shall be processed at the time of Final Plat. 2. The property shall be rezoned from A-1, Agricultural Rural to R-1A, Low Density Residential at the time of final plat. 3. A Shoreland PUD to allow lots to be platted based upon the shoreland tier standard is incorporated into the PUD agreement. 4. A CUP to allow the site to be developed as a Planned Unit Development in order to allow lot width flexibility as submitted in the plans dated September 29, 2000 shall be executed by the applicant. 5. Outlot A shall be deeded to the City at the time of final plat. 6. A trail that meets the City standard shall be constructed by the developer in Outlot A at the time of installation of the roadways. 7. The Developer shall install sidewalks as outlined in the approved plan at the time of roadway construction. 8. Park dedication shall be fees in lieu of land and shall be paid in the amount in effect at the time of final plat. 9. Landscaping equal to 47 coniferous trees (mixed variety) shall be planted adjacent to Outlot A. 10. Two trees per lot shall be installed on each lot and guaranteed by the developer as required by ordinance. 11.Only Lots 1-6, Block 1; Lots 1-28, Block 2; Lots 14-19, Block 8 and Lots 1-24, Block 9 may be platted until and unless Underwood Lane is extended to Highway 18. 12. Both Kagen and Kaiser Ave. connections shall be built with Phase 1. 13.A temporary cul-de-sacs shall be required at the end of Kagen Ave. until it is extended to Highway 18 14.A PUD/development agreement shall be drafted by the City Attorney that incorporates the plans as approved (or modified) and all conditions included herein. 15. The Concept Plan dated December 4, 2000 is only approved to accommodate access. No approvals are granted for the lot layout or lot sizes. The area is subject to separate development processes related to zoning and subdivision. 16. Uniform mailboxes shall be installed by the developer. 17. The access location to Highway 18 is subject to the review and approval of Wright County. NOTE: The Subdivision Ordinance specifies that final plats must be submitted within 100 days of preliminary plat approval or the preliminary plat will become null and void. Adopted by the Albertville City Council this 18th day of December 2000. City of Albertville 3 Albert Villas Fourth Addition Preliminary Plat etc CC Findings of Fact & Decision Attest: Linda Goeb, City Administrator .: John A. Olson, Mayor 4 Albert Villas Fourth Addition Preliminary Plat etc CC Findings of Fact & Decision EXHIBIT A LEGAL DESCRIPTION OF ALBERT VILLAS 41h Addition That part of the North Half of the Northwest Quarter lying southerly of County Ditch and Lot 1, all in Section 11, Township 120, Range 24, Wright County, Minnesota. And The South 10 rods (165.00 feet) of the South Half of the Southeast Quarter and that part of the East Half of the Southeast Quarter of the Southwest Quarter, all in Section 2, Township 120, Range 24, Wright County, Minnesota. 5 Albert Villas Fourth Addition Preliminary Plat etc CC Findings of Fact & Decision NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nacaowinternet.com MEMORANDUM TO: Albertville Planning Commission Albertville Mayor and City Council FROM: Cindy Sherman DATE: December 6, 2000 RE: Albert Villas 4th Addition FILE NO: 163.06 — 00.23 The applicant has submitted a concept plan related to the Heuring property for which they have a purchase agreement. The plan addresses the access issue that has been a major concern to the City and neighboring property owners. With an assurance of proper access staff believes that the development is not premature based on the phasing proposed. The Planning Report dated October 5, 2000 is attached for background purposes. Supplemental Shoreland information was submitted in October so an update to that portion of the report is provided. No other changes have been made to the Albert Villas 4th Addition Preliminary Plat. The detail information is the same. A modified recommendation is included with this memo. Concept Plan The concept plan for the Heuring property outlines future access to Albert Villas 4th Addition from Highway 18. Staff is satisfied with the access. However, the lots do not meet the R1-A lot standards although they are consistent with other phases of Albert Villas. The plat will either have to be modified to meet R1-A regulations, rezoned to R-1 or filed as a PUD with appropriate details as required by ordinance. Shoreland Provisions The site is located within the shoreland overlay district of Swamp Lake. Swamp Lake is a classified as a natural environment lake. The designation of the lake determines what the setback, ,lot area and lot width requirements are. In this case there are no riparian lots because of the proposed trail corridor, so the minimum lot area is 20,000 square feet and the minimum width is 125'. This provision applies to all lots within 1000' of the ordinary high water (OHW) of the lake. This provision is not met. The applicant has indicated their desire to process the application under the Shoreland PUD provisions and provided analysis to indicate that the site is eligible for the PUD under the tier provisions of the shoreland ordinance. This provision generally allows the number of units permitted within certain distances of the water body to be platted while allowing flexibility in the lot size and width. Based upon the amount of suitable area in each tier the number of lots permitted and proposed are outlined in the following table. TIER PERMITTED LOTS PROPOSED LOTS Tier 1 21 13 Tier 2 26 25 Tier 3 26 25 Recommendation Staff recommends approval of the Albert Villas 4th Addition Application with the following conditions: An amendment to the Comprehensive Plan to change the land use from Agricultural/Rural to Low Density Residential shall be processed at the time of Final Plat. 2. The property shall be rezoned from A-1, Agricultural Rural to R-1 A, Low Density Residential at the time of final plat. 3. A Shoreland PUD to allow lots to be platted based upon the shoreland tier standard is incorporated into the PUD agreement. 4. A CUP to allow the site to be developed as a Planned Unit Development in order to allow lot width flexibility as submitted in the plans dated September 29, 2000 shall be executed by the applicant. 5. Outlot A shall be deeded to the City at the time of final plat. 6. A trail that meets the City standard shall be constructed by the developer in Outlot A at the time of installation of the roadways. 7. The Developer shall install sidewalks as outlined in the approved plan at the time of roadway construction. 8. Park dedication shall be fees in lieu of land and shall be paid in the amount in effect at the time of final plat. 9. Landscaping equal to 47 coniferous trees (mixed variety) shall be planted adjacent to Outlot A. Albert Villas 41h Addition Memorandum Page 2 10. Two trees per lot shall be installed on each lot and guaranteed by the developer as required by ordinance. 11.Only Lots 1-6, Block 1; Lots 1-28, Block 2; Lots 14-19, Block 8 and Lots 1-24, Block 9 may be platted until and unless Underwood Lane is extended to Highway 18. 12. Both Kagen and Kaiser Ave. connections shall be built with Phase 1. 13.A temporary cul-de-sacs shall be required at the end of Kagen Ave. until it is extended to Highway 18 14.A PUD/development agreement shall be drafted by the City Attorney that incorporates the plans as approved (or modified) and all conditions included herein. 15. The Concept Plan dated December 4, 2000 is only approved to accommodate access. No approvals are granted for the lot layout or lot sizes. The area is subject to separate development processes related to zoning and subdivision. Albert Villas 4ch Addition Memorandum Page 3 a ,% !la ! ,! I I a► 1!pi g , s ggyl e 6 � di L a aaa3 :9 �y y� $a rP 4 o N I 'JV'Wd OZ09Z1 00/9LIGO'BMP'U=ld Aunln 4E 91 I Ong =dal -'q i t "s �i 1 tl a� ;il OV ' Wd Zo:og:Z L 0p/811go 'Omp"uald Ri1Pf1 %*4Tk 3 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com PLANNING REPORT TO: Albertville Mayor and City Council Linda Goeb, City Administrator FROM: Cindy Sherman DATE: December 13, 2000 RE: Heuring Meadows FILE: 163.06 — 00.30 SUMMARY The Planning Commission held public hearings and reviewed the application for Heuring Meadows Preliminary Plat at their November 14 and December 12, 2000 meetings. At their meeting on December 12, 2000 the Commission voted 4-0 to recommend approval of the request as outlined in the attached findings of fact. The Planning Commission considered the comments received from the City Engineer dated December 11, 2000 but believe that unless there is a compelling reason to modify the road layout that the "knuckle" is allowed to remain. Additionally, regarding the roadway width referenced in condition 4, the ordinance allows 32' wide pavement with a 5' sidewalk and the Commission is recommending sidewalks on both north/south avehues with an 8' trail along 53rd Street. Kalland Ave. can be tapered to match into the 36' section that exists to the north. Draft findings of fact and recommendation are attached based on the Planning Commission review. J ' NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com MEMORANDUM TO: Albertville Planning Commission Albertville Mayor and City Council FROM: Cindy Sherman DATE: November 8, 2000 RE: Heuring Meadows Preliminary Plat FILE NO: 163.06 - 00.30 EXECUTIVE SUMMARY Background Leuer-Munsterteiger Properties have submitted an application for preliminary plat. The request is being made to allow the development of 45 single family homes 23.5 acres for a density of 1.91 units per acre and the creation of two parcels for future commercial development. The property is zoned R-1A and B-2 and the plat is designed to create single family homes on the property zoned for residential use with a 1.7 acre site that will remain zoned R-1A at this time. The property is adjacent to the 10-acre site that is zoned for commercial use. There is also a 21,754 st uare foot parcel on the south side of the extension of 53rd Street that is zoned B-2. Both of the commercial parcels will be subject to site plan review in the future. Attached for reference: Exhibits: A. Site location B. Preliminary Plat C. Existing Conditions Plan D. Utility Plan E. Grading, Drainage and Erosion Control Plan 1 , % Recommendation Based upon the plans with revisions dated October 23, 2000 staff recommends approval of the Preliminary Plat subject to the following conditions: 1. All residential lots shall meet or exceed the minimum buildable area, which is 12,000 square feet. 2. Development on Lot 1, Block 4 is subject to site plan review and other reviews that may be required based on a proposed use. 3. All street rights -of -way and roadway designs are subject to the review and approval of the City Engineer. 4. Park dedication shall be cash and shall be paid at the rate in effect at the time of the final plat that creates buildable lots. 5. The trail along 53`d St. shall be installed with the roadway construction. 6. Drainage and Utility Plans are subject to the review and approval of the City Engineer. 7. Wetland modification plans are subject to the review and approval of the City Engineer. 8. All comments and concerns of the Wright County Highway Department shall be addressed and an access permit must be acquired prior to commencing construction. Issues Analysis Preliminary Plat Lots/Blocks The preliminary plat consists of 45 single-family lots. All lots meet or exceed the required R-1A base lot size of 15,000 sq. ft. with a minimum of 12,000 sq. ft. of upland per lot except lot 7, block 4. This lot is slightly less then 12,000 sq. ft. bui it can be increased in size by modifying the east property line. Lot 1, Block 4 is a commercial lot zoned B-2. The lot is 21,764 square feet in size; the zoning requires a minimum lot of 10,000 square feet. Outlot A is a 10 acre parcel that is zoned B-2 and Outlot B is a 1.7 acre parcel that is zoned R-1A. The two Outlots will be platted in the future as part of any development request. It is anticipated that Outlot B will be rezoned at the time development occurs. Setbacks The ordinance requires minimum setbacks as follows: Heuring Meadows Page 2 of 4 R-1A District Minimum setback Front Yard Side Yard -interior Side Yard -corner Rear Yard 30 feet 15 feet 30 feet 25 feet B-2 District Minimum setback Front Yard 35 feet Side Yard -interior 10 feet Side Yard -corner 20 feet Rear Yard 20 feet All setbacks are proposed as required by ordinance. Streets/Sidewalks 53rd Street is proposed with a 70' right-of-way with a 36' pavement width and an 8' bituminous trail shown on the north side of the road. Kyler Ave. is shown with an 80' right-of-way and a 44' pavement width. This is consistent with the ordinance regarding rights of way to serve commercial areas. Kalland Ave. and Kali Ave. are both local streets proposed with 60' rights -of -way and 36' pavement width. The design of the streets is subject to the review and approval of the City Engineer and access to the County Road is subject to the review and approval of Wright County. Park Dedication There is no park land dedication proposed with the plat. Park dedication is proposed to be cash and will be collected on buildable parcels at the rate in effect at the time of the final plat. Grading/DrainageMetland CUP Plans for grading and drainage/storm water management/wei'land fill and mitigation have been submitted and are subject to the review and approval of the City Engineer. Utilities Plans for utility installation have been submitted and are subject to the review and approval of the City Engineer. Conclusion The Preliminary Plat is consistent with the zoning and subdivision regulations and staff recommends approval subject to the conditions as outlined in the executive summary. Heuring Meadows Page 3 of 4 r c. Linda Goeb Mike Couri Pete Carlson Scott Dahlke Heuring Meadows Page 4 of 4 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952,595.9636 Facsimile: 952.595.9837 nacl@vvinternet.com MEMORANDUM TO: Albertville Planning Commission Albertville Mayor and City Council FROM: Cindy Sherman DATE: December 6, 2000 RE: Heuring Meadows Preliminary Plat - Modified FILE NO: 163.06 - 00.30 The applicant has submitted a revised preliminary plat that addresses modifications discussed regarding lots and grading on the south side of the plat and provides a landscape buffer between the residential use and the commercial site. The Planning Report dated November 8, 2000 is attached for background purposes. The modifications to the plan and any other changes requested will be highlighted in this memorandum with a revised recommendation provided. Preliminary Plat There are three changes to the Preliminary Plat. The first mddification includes moving Kyler Ave. approximately 40 feet to the west thus increasing the size of Lot 1, Block 5. The second change to the plat is increasing the size of lot 7, Block 4 and thus decreasing the size of Outlot B. The third change is the consolidation of the two outlots north of 53rd St. into one large outlot as requested by the City Attorney. Grading/Landscaping The grading plan has been modified to provide a berm between the residential and commercial uses with a mix of plantings proposed. The ordinance requires that a buffer screen be provided that consists of a complete visual screen to 6 feet in height. This can be accomplished by a combination of berming and plantings. The berm is limited to providing three feet of the screen. The berm as shown ranges from 4'-5' in height from the residential side of the berm and 2'-3' from the commercial side. There are a mix of overstory, ornamental and coniferous trees proposed on the landscape plan. In order to provide a continuous screen as required by the ordinance staff recommends that the number of overstory and ornamental trees be reduced and in turn double the number of coniferous trees proposed. In areas where overstory trees remain arborvitae shrubs could be mixed to provide a screen. However, Norway Maple tends to have prolific surface roots, and therefore, it is not the best choice for planting with shrubs. The Norway Maples should be eliminated from the plan. Sidewalks/trails Per the Planning Commission direction a sidewalk has been added within the right-of-way of Kalland Ave. This is shown as a 6' concrete walk, however 5' is the typical outlined in the modified trail plan. The Commission discussed if a sidewalk should be included on Kali Ave. and left it up to the applicant, none is proposed. One issue that was not discussed in the original review was the park connection to the plat to the north. On the City trail plan there is a connection shown through this area into the park that is located on the rear lines of lots 9 and 10 Block 1. This is a significant connection and should be provided either by a 30' corridor between lots 9 and 10 or behind lots 9-12 of Block 1. Based upon this connection the Commission should also consider requiring a sidewalk on Kali Ave. Engineer Review The City Engineer is in the process of reviewing the grading, utility and wetland information. This review will be complete prior to the Commission meeting of December 12 and comments will be provided at the meeting. Recommendation Based upon revised plans dated December 3, 2000 staff recommends approval of the Preliminary Plat for Heuring Meadows subject to the following conditions: 1. All residential lots shall meet or exceed the minimum buildable area, which is 12,000 square feet. 2. Development on Lot 1, Block 5 is subject to site pldn review and other reviews that may be required based on the use prdposed at the time of development. 3. The landscape plan shall be modified to accomplish a screen as required by ordinance. The plan is subject to review and approval by staff and shall be submitted prior to Final Plat review. Heuring Meadows Page 2 of 3 4. A trail corridor 30' in width shall be provided for access to Oakside Park and shall be installed by the developer. Credit shall be provided towards the park dedication fee. 5. Park dedication shall be cash and shall be paid at the rate in effect at the time of the final plat that creates buildable lots. 6. The trail along 53rd St. shall be installed with the roadway construction. 7. Concrete sidewalks 5' in width shall be installed on Kali Ave. and Kalland Ave. 8. Grading, drainage and utility plans are subject to the review and approval of the City Engineer. 9. Wetland modification plans are subject to the review and approval of the City Engineer. 10.All street rights -of -way and roadway designs are subject to the review and approval of the City Engineer. 11.All comments and concerns of the Wright County Highway Department shall be addressed and an access permit must be acquired prior to commencing construction. Heuring Meadows Page 3 of 3 PILOT LAND DEVELOPMENT COMPANY December 4, 2000 Mr. Mayor & Members of the City Council C/o Ms. Linda Goeb City C1erk\Administrator 5975 Main Avenue NE. Albertville, MN 55301 RE: Plan approval issues for the Heurine Meadows Plat east of Center Oaks Dcar. Mr. Mayor, Council Members, Planning Conninissioners and Staff. This letter serves to confirm various conversations with staff as it relates to proposed work and plan approvals on this site. We have reviewed a copy of the plans last dated 10-11-2000 and prior staff reports. We understand that the staff has recommended conditional approval. We understand that no park connection is made between Center Oaks and proposed Kali Avenue cul de sac. This is a change from the original concept plans and was a reason the long finger of the park was created. Regardless, we are supportive of the proposal and have the following requests be entered into the record. 1. The entire property as proposed, including the Heuring homestead is conditioned to pay the sewer rebate fee to Kenco upon the release of the plat. The attached copy of the Parkside 3rd Development agreement was drafted with the anticipation that all these lands remain as residential. Upon subsequent rezoning to B-2, holding land as Outlot A does not mean that it has not been "served by utilities" and trunk lines paid for by Kenco. Regarding the homestead, upon hookup to the pipe, fees would be paid to Kenco, since the sanitary sewer again has been made available, no different than house services in the balance of the plat. This note must be referenced in any development contract. 2. That the applicant works with the existing Center Oaks residents along the west edge of the plat to smooth out transition grades if desired. It appears that a number of lots on the west boundary could benefit from a single swale, rather than two parallel swales. This would create a better long-term look, rather than somewhat of a no mans land in between. However, this is only a suggestion and is ultimately the choice of the City and existing residents. 3. We request the City examine the Group 5 street lighting choices to better transition into Center Oaks Cobra heads if possible. Potential switch to alternative poles and fixture heads? 4. In Parkside, the City conditioned Kenco and Pilot Land to plant an evergreen screen to the future Business land uses as part of the residential project. In addition, the recent subdivision of Parkside Commercial was requested to maintain as much of our temporary topsoil stockpile as possible for a berm. We see neither on site plans furnished to us. We presume there will be some consistency in this project. These are the most significant planning and financial issues, which we dealt with during our approvals, and we would expect similar consideration from this project. Sincerely, onald Jensen Land Development Director Cc: Kent Roessler Cindy Sherman — NAC Pete Carlson - SEH 13736 Johnson Street NE • Ham Lake, MN 55304 • 757-9816 • Fax: 757-4094 r / '' - _ 4-'� i � iI �'' ..:.. -.,sic... ,.,- I-�_:. .��..... .-,•, _, cm OFF, s �It 14 rxi Als III ��IIy/fIf f/f'" —�•-00111Iq 1 of -_mil r-�•ar� i 'r• `�.-._� i !-1 �,I 'i'I '''{ I -�i' - �� - '' — i .f-•'� �:._•i I I �\ ' , 1 1 r- l --� --- - - � --- - - ---� �m S drP'!J`db' I I� ''i al / 1\4.q f - J yI I J j 'f"""a..--r.:'_ I • �� _w` k —_L— \- - --'.r. ._ _ ----1i ow I mew/ li I '�- i d • - e -j..._ • 1 - - -- --�.. - - -'� r.�.�ewe i �� •�% I I�, �fr IV) �l .i i J � �-�. _a ►.Mro- - --J � -- - _--� Q/ N ~-.,,,�'-� ___-..._ _-_-_� I i i!� I � � 33! i �: I j 'I•,.eas I � I C--�.,.. - ! _----�_r:_ _ __ .... �� ,ra I � � �� it I _. ffi.-� ..._.ham— - i� - _ .�.i +-wrf I ! � IL,�.w�.r 10 ! ,-• ..... '- \-.\ '•t' i � � f ! ! i I Ae-► tsf- �,_ / ^'.-'.r: _ - - - °� r I -feae ILA Inwi • I (� �Ci' l ;3bI i 1 4 12 t I # t font" 7ii bi ft7LAAO FILL 40.043 SF MCnANO ExcAvAl7CN 7,255 SFr r �r • pant 102 I j I A i+r I n n In• �- ,1 n r v I �,✓y.�r i✓� I I Nil I x ae•s;rss- s ( I ' w �. w rt..r r raw ♦ la+.r rrh• p:4xr 4 I I I I I • r.�.i .i'� r.. � i rwr 1 g I w � ( �jl +• I . wur . I I I I 1 I; I II rw r lamov It AOxs.ftIn lOaDI �7Ma ( �! SI0.00 ras r �f I aw I � I ars r ( rrr I 3 I r.r r � I I i I I arr r, �I raver F[ I""r f rwr A I ! "..11"`YQLLi�� rrr ♦ I L_j I L, -�', r lid ` I M 0 too GiiiiRe GMAPHc AW I I C4 I I I I � I � OS I I 0�y.s'�P,• 0 I _ _ bard Street NE « I I -- +ui I I ....... 1 s I rocs a I r i ta-�eno-asr.ar O0l7 iw Arww K AMfMh IN JS70/ ! $ I I I I I � I I I I ! I I II 4 jN A ? I s49, W G? 7a-soe-aaoa 7a-roo-a+.oe WNW*" gbaA�rw. �e w�M. r. lint awwle ANfhf4 !/. ism I ,0# THIS AGREEMENT, entered into this � day of August, 1996 by and between Kenco Construction, Inc., collectively referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, Scat& of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit "A", attached hereto and incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this agreement, is intended to bear the name "Parkside Third Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's plat of Parkside Third Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, grading, sanitary sewer, water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be installed and financed by Developer; WHEREAS, the City further requires that certain on- and off - site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, top soil and sod, trees planted in the front yards of those lots abutting the boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1 ` I I attached Exhibit B. Developer shall construct that portion of the trunk line as is indicated on Exhibit B and Developer shall pay for said trunk line. As a consequence of Developer's installation of the Trunk Line: A. The City shall undertake good -faith efforts to establish = a trunk sanitary sewer charge ("Trunk Charge") in the amount of $1,300 per acre of platted land applicable to the Subject Property. It is anticipated that said Trunk Charge will consist of $900 per acre in costs for the installation of the Trunk Line and $400 per acre in costs for the upgrade of lift stations located downstream from said Trunk Line. Developer agrees that the $900 per acre estimate for the installation of the Trunk line shall be fixed to a sum certain at such time as the lowest responsible bidder is determined in regard to the installation of said Trunk Line. Said determination shall be made by multiplying the low bid for the installation of the Trunk Line by 1.18 (using 18% for engineering), and dividing that product by the total acres benefited by said Trunk Line (benefited acres shall be those acres highlighted on Exhibit C as benefited lands) Developer has 57.0 acres of the Subject Property which will be subject to said Trunk Charge at this time (the commercial property shall be subject to Trunk Charges at the time it is platted as buildable lots). Prior to the issuance of the final plat of the Subject Property, Developer shall pay the City $22,800 ($400 x 57 acres) in cash as the Developer's share of the lift station -related Trunk Charges. Developer shall construct and install the Trunk Line in lieu of and in satisfaction of the estimated $900 per acre trunk line installation charge applicable to the Subject Property. B. Once the trunk charge ordinance is established, the City agrees to reimburse to Developer, up to a maximum amount to be determined as follows: Multiplying the low bid for the installation of the Trunk line by 1.18, and subtracting from that amount the product of the per acre cost of the trunk line (as finally determined according to subparagraph 2A above) times 57 acres. For example, if the low bid for the installation of the Trunk line is $190,000, and the per acre cost of the trunk line is $900, the maximum amount to be reimbursed to the Developer would be $172,900 ($190,000 x 1.18 = $224,200, less $51,300 (57 x $900)]. This maximum , amount (representing the approximate 3 C �� TRUNK SEWER SERVICE AREA ALBERNILLE, MINNESOTA /usr2/albev/9701/trunksew/service. Aug. 7, 1996 14:13:03 1 MN'N' I � { KGH Awm, Na i KGUWW Awmr Nd Kalland Awnue Na all _ FF I �� LL E ----------------------------- - - - ---- - S,-Ar -J&------- i is mod.--8.E11�i--�-��•-- - ---- 1pC �• Frj4 6!t Er•[[ i "J I 4Z 71R ?� Sn 7�7 F LSU F Q UU Y.k 0 s{^ a t 7R V Itirr �14 �I YMA��1�.�� A N f+1 „� .. r �.......,.�, PREUMNMY PLAT g a � FOR "W", u c A srrc oeEioN HEURWO MEADOWS MOW_ PAM �� ""' ALMTVIJA UNESOTA IFS bi oro® �r so wu�tv/ra acAtr 1 rl • Y/ laeex srAlr / Y � ��rf fir PI/ M A i _CSAX_ �aF�G� n VSRI r ' g v GY Nyy� r as ro/rr�b0 '�a9f rw�.+r .rrw..rrr.w.r rrrrar.rr...r o w e. $D S : so raonM _ r�eo _ OUAu►Y llfi 0[810N. LLC Oed®M m IleeiWLll eCN! IQ7CK fLY( :r�arr � rrr ,,% Xa!land Avenue mr PREUMINAAY FLAT ' -�p FOR HEURINO MEADOWS ALBERTVUE. IN WTA E=TNO CONDITIONS fR i, - ' ,,,an. ... ..a .. t `s i :y i R ry•z _ ..I •i$ R i •� �' '- ' w �_.• , - I p • e 1 r , Xy[er Awn. JVS �l1it � ' •. : C S A 1Y - L9 ai ------------------- r - _ oral rs r --L - - -B r arc 10/1 1 I� bwlrlrrw.+.+.a.w.1 /� n, uvs ...r»�.r.a..r ...•..•�. 21 In 1—.�,.�:._.....,..�.._. ..I -I. .r.r�.rr+ter•..... PRELIM MY PLAT a -� w uuw n FOR ; a g $ _ MOW HEURINO MEADOWS Rl $ m M7 aAac — STY WM MWK uC AL8Hi�7/YVLL/�E,�/AORMCEOTA RIM ara®n 50 /A�iVA4tt OWNSI". CYf //�\ ,ram, "" I L�1;:Y'WEI MF,W E. ------------------------- a � N, M � j g cl r m ! t r; rA 19 l 3 FEE It' EE 3t i� a Ir 1213100 •+ ••+r w r I+ r.+++ r Arl .,,r^,' ;•:�`,,,..�� PRELN+IpVARY PLAT A N I�•1 +1j1 wrrrar rrrr FOR xE A8 31 ORA1 er m C� A HEURWG MEADOWS N s a.m mm jg 8 m ucov RA GUAUYY !R! DEMON, LLC ALBERTVILE. kffMEBOTA " i � PA", }CAt! 1d.Gt .Gt[ ��.�. r LANDSCAPE PLAN $ W araIr m m MIw2wGl Ili. % 49! pr r p City of Albertville Notice of Public Hearing Preliminary & Final Plat Albertville Primary School 56(y) Notice is hereby given that the Planning and Zoning Commission of the City of Albertville, Wright County, Minnesota, will meet in the Council Chambers of the Albertville City Hall on Tuesday, December 12, 2000, at 7:00 PM, or as soon thereafter as possible, to hear, consider, and pass upon all written and oral objections, if any, to the proposed preliminary and final plat to be known as Albertville Primary School legally described as follows: LEGAL DESCRIPTION Lot A, Lot B, and that part of Lot G lying north of the easterly extension of the south line of said Lot B, all in West Half of Southeast Quarter of Section 1, Township 120, Range 24, according to recorded plat thereof, except therefrom the North 39E.94 feet of said Lots A and G and except that part platted as Breun Addition, according to plat of record, AND Lot 5, Lot 6, Lot 7, and Lot 8 of Block 1 of said Breun Addition except the North 66.00 feet of said Lot 5. The purpose of the proposed action is to combine several individual lots owned by I.S.D. #885 into one large lot. All persons desiring to be heard in connection with the consideration of the above -mentioned action are requested to be present at said meeting to make their objections, if any. Linda Goeb City Clerk FROM CITY OF ALBERTVILLE FAX NO. : 6124973210 Oct. 18 2000 03:54PM P1 CITY OF ALBERTVILLE ■ ZONING RE VEST APPLICATION 5975 Main Avenue IVY RO. Box 9 Albertville, MN 55301-0009 (612) 497-3384 fax(612) 497-3210 Case No: Base Fee: Pd. EscrowAmt: Pd. Date ed: Please read carcfnlly and amwer all questions t1wougisly. Only eamplae applications will be accepted after validation by sty City Clerk and prior to acceptance of requirtd promaing fwddcpcWts. Street } amtkm of Property: 5386 Main Avenue NE %egai Description of Property (Attach additiotwl sheet if wry). See attached sheet City, 1 h e rtvi 11 P. State~ MN Zip: 55301 Telephone (Home): Applicant (If other than owner). (Businrss):(7 6 3) 4 9 7- 180 (Fax): (7 6 3) 4 9 7- 5 88 cky; — State. Tap: Type of Request(s): Site and Building Plan Review Minor SubdivWon/ConsolWahotl X Prclimblary Plat x Final Plat Comprd=.Sive Plan or Ordinance Amendment ($ems) ._.— Rezoning Variance Conditional Use Permit l *ft Use Permit Othct (Fax): Description of Request(s): The school owns several parcels which are described by metes and bounds. We will be _combining them all into a plat,_ Ream VAy Request Should Be Granted: City requirement FROM CITY OF ALBERTVILLE FAX NO. : 61249M210 Oct. le 2000 03:54PM P2 r Page Two, City of Albeitville Plaatnng/&ning Application Emting Use of the Property / Nature of Fadlity or Business:_ Pub i c s c h o o l i£ a request for a plannfiWao&V action on the subject site or any part thereof has been previously sought, please describe it belows What? %bm? ProjedName, ifappicablt Albertville Primary School !hereby aPPlypr Me above eomideradon and altclare that the information and materials submitted with this application are in compliance with City Ordlimme and Policy Requirements and are complete and accurate to the best of my knowledge. 1 un4rstand that the application will be processed for the next available meeting agenda after review of the information submitted to determine if any other data is needed and after comtpletion of a staff report. { 1 ustdernand that all City i xurred professional fees and expenses asloclaled with the processing of this request are the rwPostsibillty of theproperty owner and/or applicant and should bepromptly pall tfpay wm is not received from the applicant, the property 0*7w acknowledges and agrees to be responsible for the unpaid fee balance either by direct Payment or a special assessment against the properly. (If the property fee owner is not tke applicant, the applicant muss provide written authorization by the owner to make application.) Sixty (60) DaY Waiver: M Chy hereby trod, 9= the applicant that develapment review may not be compkted within the requ>bad 60 days dive to public hearing requ rements and agency review; therefore, ttte City is taking an automatic 60- day f w d*PelopnuWneriew i7&dopment review will be completed within 120 days unless additional review exte,raioas are s;ppsaved by lire app&ant: Signmture(s) of Uwner(s): Signatures) of Applicant(s); Approved Approoved Z—c� � ��-•a..r�� Data: Denied by the Planning Commission on: Denied by the City Council on: Date: Dare: Datc: (date) (date) v LEGAL DESCRIPTION Lot A, Lot B, and that part of Lot G lying north of the easterly extension of the south line of said Lot B, all in West Half of Southeast Quarter of Section 1, Township 120, Range 24, according to recorded plat thereof, except therefrom the North 395.94 feet of said Lots A and G and except that part platted as Breun Addition, according to plat of record, AND Lot 5, Lot 6, Lot 7, and Lot 8 of Block 1 of said Breun Addition except the North 66.00 feet of said Lot 5. File 00191 •} , r �� t63i3 a � I �' � >! �• if U 11 jai S, vR Ir 'fi 3M Wa�.x^ yy �� aI �$i Y x5 €s 3 • i till, E. It ,S�``' I ► � �mw .�+.'r v ;I -- -- F° 9a°j �$ x �� fi=°�5! gi I e ly n � v I r•,+�, � I � b[ I - _"lam — ;{. � �� $ } g-YY F S#5A�Y I .na .rn1.F ."�''1'} �-- � i � - 1 r �F �� s: a� �a �a�F.� 3' •, C) 1 wa9-1-1 (M) -d to ON *1010 X)OROG IMNaN3.BM 1001-109 AWYN111d -- W�P- WO.0 -LW1d NVY A. ,N\ 0 JO il!j. a jj P1jill pp I flip '11, Np I'll 1111 141 Ili, "T til w gill lill ��jJ'j� jj�J ��ji'�'J 19, fill p r. We f M , r mi -Ohl ig 1W I 1,Vi Vi Nil �i' zi h N p' i i im 24t N, 1i-1 11 14 11 i 1 1 1 1 7"J'k.1 all 114 all i !1 Os$ 4i N; ON j:!: lih i-If IS t �, S ELECTRICAL CONTRACTORS INC www.commtechelectric.com 14216 23rd Avenue No. Plymouth, Minnesota 55447-4910 763.559.7019 FAx 763.559.4677 11 /20/00 Albertville Fire Hall Albertville, MN Attn: Chad Cichos RE: Electrical Budget Chad, Thank you for allowing Comm -Tech Electric to budget the electrical requirements for the above -referenced project. In our budget is all labor and materials to wire the following: 2 — Duplex Receptacles for Phones 1 — Duplex Receptacle for Sprinkler System 1 — Circuit for Outside Sign (pipe existing) 1 Flagpole Light and Circuit (pipe existing) .................. Budget Price: $1,700.00 > 5 — Cord Reels 12/3 Conductor 30' Cord 5 — 120v 20a Circuits ................................................ Budget Price: $5,300.00 Should any questions arise, please feel free to contact us at 763 559-7019. Albertville Fire Sincerely, Com a ectric Chris Da enais Designer/Estimator The NECA Promise of Quality Installation, and Service CUSTOMER: " Albertville Fire Department 0 I JOB LOCATION: New Albertville Fire Hall QTY DESCRIPTION 5 Install new cord drops for truck chargers 1 Install receptacle for power washer 2 Install receptacles for phones 1 Install receptacle for sprinkler system 1 Wire existing sign (controlled by photo cell) 1 Install light for flag pole (controlled by photo cell) Alternate: Retractable reels for cord drops Signature Date 10/23/2000 (400.00 each) COST TOTAL 1 $2,000.00 CITY OF ALBERTVILLE CONDITIONAL USEIPLANNED UNIT DEVELOPMENT AGREEMENT ALBERT VILLAS THIRD ADDITION THIS AGREEMENT, entered into this day of , 2000 by and between EDINA DEVELOPMENT CORPORATION referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Albert Villas Third Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 50.1 gross acres into 68 single-family residential lots for purposes of constructing 68 single-family residential units; and WHEREAS, approval of a Conditional Use Permit/Planned Unit Development is required to allow for the aforementioned subdivision proposed by Developer; and WHEREAS, the City has given preliminary approval of Developer's plat of Albert Villas Third Addition contingent upon compliance with certain City requirements includimg, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, curb _and gutter, grading, drainage, sanitary sewer, water and storm sewer (hereafter "Municipal Improvements") be installed to serve the Subject Property and be financed by Developer; and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to allow the development of Said Plat as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to minimum lot sizes, lot widths and set -back requirements. Unless otherwise explicitly set forth in this Agreement, however, Developer- must conform to the requirements of the Albertville Zoning and Subdivision Ordinance, as well as all other applicable land use regulations. Developer agrees that the following conditions will be met on a continuing basis: A. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. B. Trees, shrubs, berms and screening are planted and installed as shown on the landscape plan attached as Exhibit B. Developer shall promptly replace all landscaping plants which die within two years of planting. C. Developer shall, at its own expense, construct sidewalks and trails in the locations shown in the attached Exhibit B. D. The Developer shall file property owners association covenants against all Lots in Said Plat, said covenants to be submitted to the City Attorney for review and approval and shall be subject to the requirements of Section 1 100 and 2700 of the 2 City Zoning Ordinance. E. The Developer shall file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements indicating that no structures can be built within the easement areas. The applicant shall also file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing wetlands, storm water ponds, or which are adjacent to Wright County Ditch No. 9 indicating that no structures can be built within 20 feet of wetlands, storm water ponds or Wright County Ditch No. 9. All such deed restrictions shall be subject to the approval of the City Attorney. F. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City with a copy of the sales literature identifying NSP and Amoco easement building restrictions, the required twenty (20) foot wetland setback building restrictions, the location of all future parks within Said Plat, and the location of all sidewalks, trails and easements. Developer agrees that the aforementioned sales literature will be distributed to all potential lot buyers within Said Plat prior to the sale of any of said lots by Developer. G. It is the understanding of the Parties that Developer does not presently intend to make use of model homes within Said Plat. The Parries acknowledge and agree that should Developer- decide to construct any model homes within Said Plat, use of such Model Homes shall be consistent with Section 2200 of the Albertville Zoning Ordinance. The Parties further agree that prior- to construction of any model homes, the Parties will enter a model home agreement and that said model home agreement shall be subject to review and approval by the City Attorney. H. A temporary turn -around facility and roadway easement shall be provided at the south end of Kaiser Avenue. The turn -around facility shall conform to the cul- de-sac requirements of the City's subdivision ordinance and shall be subject to review and approval by the City Engineer. I. Pipeline Easement Restrictions. Lots 9, 10, 11, and 12, Block 1, and Lots 13 and 14, Block 2, and Lots 2, 3, 4, 5, 6 and 7, Block 3 of Said Plat are subject to a pipeline easement in favor of American Oil Company as described in Document Number 165533 and in Book 5 of Miscellaneous, Page 546, of the Wright County Recorder's Office and shall be restricted in use in the following manner so long as said American Oil Company pipeline easement remains valid: Within this easement, no structure, including, but not limited to, 3 outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or - retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. J. Electrical Easement Restriction. Lots 1 through 14 of Block 1 of Said Plat are subject to transmission line easements in favor of Northern States Power Company, its successors or assigns (hereinafter referred to as "NSP"), as described in Wright County Recorder Document No. 250955 and 251129 (hereinafter referred to as "the Easements"). Said Lots shall be restricted in use in the following manner so long as said NSP Easement remains valid: 1. Buildings on Easements. No building, whether temporary or permanent, including, but nor limited to outbuildings or accessory buildings shall be placed or permitted to remain within the Easements. 2. Non -Building Improvements/Landscaping. No fence, wall, patio or other structure, nor any wire, pipe, path, walkway, tree, hedge, driveway or exterior ornament of improvements of any kind, nor any addition, removal, alteration or remodeling thereof shall be made, erected, altered or placed within the Easements until plans and specifications therefore have been reviewed and approved by NSP. In any event, no planting shall be allowed within 15 feet of any structure maintained by NSP within the Easements and, further, if any of the area within the Easement is fenced, gates must be installed to provide access to NSP for maintenance purposes. Chain link or other types of fences using metal material constructed on or near the area within the Easements should be properly grounded. 3. Work Within Easement Areas. a) Excavation/Grading Around Structure Location. A minimum distance of 15 feet of supported earth must be maintained from structures for the transmission line maintained within the Easements. Ground support beyond 15 feet from any such structure may be provided by a slope no greater than 3 feet horizontal to 1 foot M vertical. Support may also be provided by the use of cribbing, sheet piling, retaining wall or tunneling. Fill around or above steel structure foundations is not permitted. Grades around structures must provide for surface water run-off. Ground elevations within the Easements shall not be increased above existing grade, stockpiling of soil and/or material within the Easements is not permitted. Where transmission structures are exposed to vehicular traffic, steel posts or guardrail type barricades must be installed in accordance with specifications maintained by NSP. Specific plans for any such excavation or grading around structural locations located within the Easements shall be submitted to NSP for - review and approval prior- to commencement of any such work. b) Clearance. A working clearance of 25 feet between the electrical transmission lines, any transmission strictures, and any cranes or digging equipment used in or near- the Easements must be maintained at all times. If this clearance cannot be maintained, the person performing the work must arrange for a line outage in accordance with the procedures established by NSP. K. Other Use Restrictions. On all lots within 20 feet of any wetland, storm water management pond or Wright County Ditch No. 9, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. No Owner or other person shall apply any fertilizers or herbicides within fifty (50) feet of any drainage easement. 2. Construction of Municipal Improvements. A. The Developer shall constrict those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Albertvillas, as 5 prepared by E.G. Rud & Sons, Inc. dated October 20, 2000 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers, storm water ponding and site grading. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2001, with the wear course of bituminous pavement to be installed after May 15, 2002, but before June 30, 2002. B. The Developer warrants to the City for a period of two years fi-om the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer- no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers fi-om all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer - has failed to firlly pay for the performance of said work. D. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berning, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front, side and portions of the back yards shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's Office. Those portions of the backyards not required to Z r be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Said on- and off -site improvements shall be installed no later than October 31, 2003, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under- ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: Electrical power supply, to be provided by Northern States Power or other such carrier; ii. Natural gas supply, to be provided by Minnegasco or other such carrier; iii. Telephone service, to be provided by Spnnt/Umted Telephone Company or other such carrier, iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause street lights to be installed consistent with and as shown on the lighting plan attached as Exhibit C. Street signs shall also be installed of such type and at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer has submitted a utility plan for Said Plat showing all existing and. proposed utility lines and easements, attached hereto and incorporated herein as Exhibit D. Developer agrees to have all utilities installed according to this Exhibit D. D. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street 7 to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing fi-om each lot as sod is installed upon said lot. E. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. 4. Intended Use of Subdivision Lots. The City and Developer agree that the lots in Said Plat are intended only for single-family residential use in the number- and the configuration as are shown on the attached Exhibit D. Developer shall construct only single family dwellings in the number and configuration shown on the attached Exhibit D, unless Said Property is rezoned by the City in the future into a classification which would allow additional units to be constructed. Outlot A is comprised entirely of wetlands and shall remain unbuildable. Developer shall convey Outlot A to the City in fee simple absolute for the purpose of preserving and protecting said wetlands. Outlot B shall be conveyed to the City in fee simple absolute for later development by the City as a park. 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $931,000 representing the sum of 100% of the estimated cost of the Municipal Improvements ($880,000), 50% of the on and off -site improvements ($40,800), and 150% of the estimated cost for landscaping/screening materials ($10,200). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other- surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer- any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter- of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or ui total, at the City's discretion, upon the expiring letter of credit to avoid the loss of 9 surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. Surety Release. A. Periodically, as payments are made by the Developer- for the completion of portions of the Municipal Improvements, On- and Off -site Improvements, and/or Landscaping Improvements and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: When another- acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off -site improvements or the Landscaping Improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period, and the City shall retain the letter of credit or surety in the amount of 25% of the estimated landscaping costs for two years fi-om the time of the installation of said landscaping materials. iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be 1D billed to the Developer and paid to the City within thirty (30) days of billing. 7. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various representations shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs, including attorneys fees. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 8. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, enguieering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, then the City may specially assess such costs against the lots within Said Plat. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. Developer has the right to request time sheets or work records to verify said billing prior- to payment. 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit E. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Drainage Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water fi-om Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the constriction that takes place in Said Plat. Developer agrees to clean the sheets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer- further agrees that any damage to public property as a result of constuction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer- fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the Cityshall be. entitled to attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 12. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 12 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer has completed all work and obligations required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer- a release of its obligations under this Agreement. However, at no time shall the City release those provisions of this Agreement which, in the City's sole judgment, contain continuing obligations. Said continuing obligations include, but are not limited to, paragraphs 1, 4, 8, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 25. F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. Developer agrees to obtain all required federal, state and local permits. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. 13 G. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment fi-om a national title insurance company, or an abstract of title updated by an abstract company registered under dle laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the City of Albertville and/or any applicable provisions of State and Federal law. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. J. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water- levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. 14. Violation of Agreement. A. Except as otherwise provided in this Agreement, upon any default by Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the 14 City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent of the Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the lots within Said Plat and/or bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. Developer knowingly and voluntarily waives all statutory rights to appeal said special assessment under Minnesota Statutes section 429.081. B. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits and/or revocation of the Conditional Use Permit. 15. Dedications to the City. A. Municipal Improvement Dedications: The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all constriction work and certification of completion by the City Engineer, shall make the following dedications to the City: Developer shall dedicate easements to the City over, under and across all trails and shall dedicate all parks within Said Plat, if any, to the City in fee simple absolute, in a form and with legal descriptions acceptable to both the City Engineer and City Attorney. 2. Developer shall dedicate easements to the City over, under and across all drainage ponds located in Said Plat as the same are identified on the attached Exhibit E. 3. Developer shall dedicate to the City all streets and utility easements located within Said Plat. B. Park and Trail Dedications: Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer must, at the City's option, (1) dedicate land for park purposes in an amount equal to 10% of the gross acreage of Said Plat, or (ii) pay a cash sum amounting to S 1,500 per platted lot or (ill) a combination thereof The Developer acknowledges that the City is requiring that the Developer W dedicate land for park purposes in an amount equal to 10% if the gross acreage of Said Plat. For purposes of calculating park dedication, the gross acreage of Said Plat is 50.1 acres (excluding Outlot A), 10% of which is 5.01 acres. Developer is dedicating 6.8 acres for park purposes, 1.79 acres more than is necessary to meet the City's park dedication requirements. Developer shall receive a credit of 1.79 acres of dedicated park in a future plat of its choosing. 16. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior- phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 17. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting fi-om Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 18. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 19. Limited Approval. Approval of this Agreement by the City Council and issuance of the Conditional Use Permit which is the subject of this Agreement in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 20. Sanitary Sewer and Water Trunk Line Fees._ Prior to the City releasing Said Plat, Developer agrees to pay a trunk sewer- charge in the amount of $70,140, representing $1,400 per acre of Said Plat multiplied by 50.1 gross acres contained in Said Plat. In addition, prior to release of Said Plat, Developer agrees to pay a trunk water charge in the amount of $55,1 10 representing $1,100 per acre of Said 16 Plat multiplied by 50.1 gross acres contained in Said Plat. Developer agrees to pay said amounts prior- to the City's release of Said Plat. 21. Professional Fees. Tile Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter- of credit or other surety furnished by the Developer as provided herein. 22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville Edina Land Corporation c/o City Clerk 700 Industry Avenue P.O. Box 9 Anoka, MN 55303 Albertville, MN 55301 Attention: Rick Lewondowski Telephone: (763) 497-3384 Telephone: (612) 323-9086 25. Agreement Effect. This Agreement shall run with the land and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 17 CITY OF ALBERTVILLE, By Its Mayor By Its Clerk EDINA DEVELOPMENT CORPORATION By Rick Lewondowski Its President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing imti-rrment was acknowledged before me this day of 2000, by John A. Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2000, by Linda Goeb, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2000, by Rick Lewondowski, as President of Edina Development Corporation. DRAFTED BY: Court and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-193 0 Notary Public 19 EXHIBIT A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Albert Villas Third Addition Plat): Lots 1-14, Block 1 Lots 1-38, Block 2 Lots 1-13, Block 3 Lots 1-3, Block 4 Outlots A and B All said property in Albert Villas Third Addition plat, City of Albertville, County of Wright, Minnesota. 20 tA ILI TO 6 �T 4om ww 8 3RD ADDITION .ter r�.r :-•: fir, -:r�.rzrr•�sssc�r.� to mw t INC. LAND wRvsraftea ft WW LEWYOMON AV& WE amuzz PMNM, rN "0+ .a rmw v..w. w r wvr..n J� N., mmm m EXHIBIT C Lighting Plan EXHIBIT D Utility Plan EXHIBIT E Erosion Control Plan 21 MEMORANDUM TO: ALBERTVILLE CITY COUNCIL; LINDA GOEB, CITY ADMINISTRATOR; FROM: MIKE COURI, CITY ATTORNEY SUBJECT: PARKSIDE COMMERCIAL PARK DEDICATION DATE: DECEMBER 14, 2000. On March 6, 2000, the City Council granted Pilot Land Development preliminary and final plat approval on the Parkside Commercial Center plat, consisting of two lots. At the time of the approval, the City's park dedication ordinance called for a dedication of 10% of the value of the land at the time of platting. At the time of the approval, Pilot Land Development Company had a contract for the sale of one of the lots to Casey's General Stores for a set price (which also set the park dedication fee for this lot), but did not have a prospective purchaser for the other lot. At the same March 6, 2000 meeting, the City Council authorized the acceptance of a letter of credit from Pilot to secure the park dedication for the second lot. On April 3, 2000, a Developer's Agreement containing this language was approved by the City Council. Casey's later withdrew and the Developer's Agreement was never signed or recorded. Also at the April 3, 2000 meeting, the City Council set a joint meeting with the planning commission to study, among other things, park dedication fees (that meeting was set for May 9, 2000). On July 5, 2000, the City Council passed a motion applying any reduction in park dedication fee requirements to commercial and industrial property platted during the park dedication fee study period. On August 21, 2000, the City Council reduced the park dedication fees to $7,385 for commercial and industrial properties. In talking to Don Jensen in September of this year, I suggested that he request that the City Council clarify whether the reduced park dedication fee applies to the Parkside Commercial property, which was granted formal plat approval prior to the joint Council/Planning Commission park dedication fee meeting of May 9, 2000. In December of this year I again suggested to Don that he bring this issue to the current City Council prior to Council member changes that will occur on January 2, 2001. Don's letter dated December 7, 2000 to the City followed. From the above time -line, it is unclear when the City's park dedication fee study began. Is it the Council's intent that the reduced park dedication fee apply to Parkside Commercial Center? 2 PILOT LAND DEVELOPMENT COMPANY December 7, 2000 Mr. Mayor & Council Members City staff C/o Ms. Linda Goeb City Administrator Albertville, MN 55301 RE: Parkside Commercial Center plat & CUP Dear Mr. Mayor, Council, Staff & Commission members: Pilot Land has previously submitted plans for the proposed Parkside Commercial Center, which was approved for subdivision this year. At the time our draft development agreement was reviewed by Council, a debate was begun regarding how park dedication fees were to be charged for Commercial property. Over the last three months, we have patiently waited for our development agreement to be amended to match the City agreed upon rates as it related to this project. To date, it has still not happened. We request the following in order to finalize the development agreement to record on December 20th: 1. Please amend the proposed park dedication fees for Lot 1, Block 1 of Parkside Commercial to the per acre rate. 2. Review the applicability of the per acre rate against Lot 2 in light of the existing 1.5 Acre wetland and required 3\4 acre water quality pond. We believe that the acre fee should be calculated against the usable acreage, not gross. This would create a park dedication obligation of between 3.5 to 4.33 acres times the commercial rate, paid in order to release the plat for recording. Currently, we have re-entered into an agreement with Casey's General Stores for Lot 1, Block 1. Casey's will separately submit plans for their store on Lot 1. Pilot will coordinate the required offsite plans such as the grading of a water quality pond and storm sewer piping. Pilot will be responsible for park dedication fees in order to record the plat. Plans submitted have been previously reviewed with staff. Please schedule us on the December 18'h meeting and contact me if you have any questions about the project. Sincerely, Donald Jensen, L d Development Director Cc: Cindy Sherman -NAC John W ilczek — Meyer Rohlin Charles Twedt — Casey's Pete Carlson - SEH Attachments: plat, concept plan, development agreement park dedication pages. \\Server0l\don\LANDDEW.ETTERS\PROJECTS\ALBRTVLE\COMMERCI\PSIDCOMM.DOC 13736 Johnson Street NE • Ham Lake, MN 55304 • 763-772-1001 • Fax: 763-757-4094 1-18-00 RENSICNS I b—by e:r/1'y low m d^ aver vrww 6y.* mey a:t w r .,ar . t wyr,raa. Lw PRELIMINARY PLAT D b V a m fMl 1 ew . e74y RpblreN /UNNeq.4r9/ (ipYe.r eerier __ N. s.. er rn. Sfeu. ee/ Yive.wfn FOR °�' o BY AAN • PARKSIDE COMMERCIAL CENTER ,� 0 cm — m o -p �f. R my ry er RECORD PLNS DAJG PWA=9T• ALBERTVILLE, MINNESOTA 14 z z p 0 BOOK PACE. _ MEYER-ROHLIN, INC. 860fa i8 - LAND SURVEYORS I Ln v —{ 10 (n -y Ul :D e1• s0 Nam2QVTAt SCAL£ , ;,d, . �Q ,„- I kg* � N\Ahr.f I fill N. 25K. Bunch. IW Situ y PA (612) 652-1781 Tea (612) "2-9s92 GRADING PLAN m l-� m � Q � � Iya: /, v _JE4 - 1 I' LOF J 1 " —�• ^ n�u re nwc _�:swn a ..c .pr«,...,.j. • t � � � - e.. � I i i V o so too fso GRAPMC SCALE IN PEST :.. ..... . ............ m A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph I l(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm, and the intended actions of the City to remedy said harm. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits and/or occupancy permits until said breach is remedied. 12. Dedications to the City. A. Developer acknowledges and agrees that it must satisfy the City's park-�� dedication requirements for Said Plat, which currently are 1-W o of the cash value of land in Said Plat at the time of platting. Developer agrees to provide the City with a letter of credit in the amount of $ as security for the park dedication due on the plat. Said letter of credit shall remain open for a minimum of one year. Developer and City anticipate that within said one-year period, the lots in Said Plat will be sold, in which case the sale price of said lands (less the park dedication owed) shall constitute the value of said lands for park dedication purposes, provided the sale(s) constitute arm's length transactions. Upon the sale of said lands, the 0 3 t)5UaG- revel`o�per shall pay 10% of the sale price of said land to the Ci as ark City P dedication fee, plus 5% annual interest on said park dedication fee. In the event that any portion of Said Plat is not sold within one year, the City shall have the unsold property in Said Plat appraised at Developer's expense by William Waytas (appraiser), and said appraisal shall be deemed to be the value of the remaining land for park dedication purposes. Within 30 days of receipt of said appraisal, Developer shall pay 10% of the amount of the appraisal, plus 5% annual interest to the City in satisfaction of Developer's park dedication requirements for Said Plat. B. Developer agrees that prior to and after all utility easement dedications to the City, Developer shall remain responsible for all maintenance required of the drainage pond shown on Exhibit C. 13. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 14. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 15. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 16. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 17. Professional Fees. The Developer will pay all reasonable professional fees incurred by 10 597 ain ven N.E P.O. Box 9 Albertville, MN 55301 (612) 497-3384 Fax: (612) 497-3210 =.�: November 15, 2000 Ms. Jennifer Tice 5541 Main Avenue Albertville, MN 55301 RE: ORDINANCE No. 1989-5 — MuLTwLE DOGS Dear Resident: It has come to the attention of the City of Albertville that you have three dogs on your premises. According to the City's Ordinance - Section 27, Subdivision 4: Permits for Keeping More than Two Dogs Over the Age of Six Months: The City of Albertville has a duty to enforce its ORDINANCE No.1989-5 [Ordinance Regulating Dogs and Other Domestic Animals, Providing a Penalty for Violations, and Repealing Ordinance Nos. 1983-2 and 1988-3]. This ordinance requires the City to notify the owner/occupant of any property to limit the number of dogs upon his premises to no more than two dogs over the age of six months unless in a commercial kennel duly licensed under this section. Failure to comply with this notice within ten (10) days will cause the City to arrange to have such dogs impounded. Enclosed you will find a copy of the Ordinance for your review. Please take immediate action to comply with the City Ordinance regarding "Multiple Dogs." Should you have any questions, please feel free to contact the City. Sincerely, Linda Goeb City Administrator Ii 00"M Enclosure cc: Animal Control :1TY OF ALBERTVILLE 5975 MAIN AVENUE ALBERTVILLE, MN 55301 (763) 497-3384 CHAPTER 901 GENERAL NUISANCES Ordinance No. 1989-5 Page I I of 14 the City Administrator and shall be accompanied by the permit fee established by the City Council. Subdivision 2. Commercial kennel permits shall be issued on an annual basis, expiring on December 31 following the first elective day of the kennel permit. The commercial kennel permit fee shall be the amount per year or fraction thereof as set by the City Council from time -to -time. Subdivision 3. Commercial kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by duly authorized City authorities at any reasonable time. A commercial kennel permit may be revoked by the City Council by reason of the violation of this Subdivision 4. No person shall own harbor, or keep upon his premises more than two (2) dogs over the age of six (6) months unless in a commercial kennel duly licensed under this section. Subdivision 5. The number of dogs permitted in Subsection 4 may be increased by obtaining a permit issued by the Animal Warden. Such permit shall specify any restrictions, limitations, conditions, or prohibitions which the animal Warden deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such a permit may be modified from time -to -time or revoked by the Animal Warden for failure to conform to such restrictions, limitations, conditions, or prohibitions. Such modification or revocation shall be effective from after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs. Subdivision pursuant to this section after the applicant has sought the written consent of AT LEAST EIGHTY PERCENT (80%) of the occupants of the several descriptions of the real estate situated within 100 feet of the applicant's real estate. SUCH WRITTEN CONSENT SHALL BE REQUIRED ON THE FIRST AND INTITIAL APPLICATION AND AS OFTEN THEREAFTER AS THE ANIMAL WARDEN DEEMS NECESSARY. Bridget's computer/C:My Documents/Chapter 902 Weeds Ordinance Please Help! We have 3 dogs who need your help, Sam and Cinder, which are Labradors, and Chance, which is a Pomeranian. They love their home at 5541 Main Ave, but according to the City Council of the City of Albertville, Minnesota, only 2 dogs over the age of 6 months are allowed at any one residence. One of our dogs will have to go to a doggy orphanage unless we get your help. We can get a special permit to let them stay here if you will help us. We must get the permission of property owners within 100 feet of our yard. They try to be quiet and restrained and they have all of their shots. Would you please help us have a Merry Christmas by signing this petition? Thank you for your consideration! Jenny & Dave Tice, and Britney I (We) hereby state that Uwe have no objection to David and Jennifer Tice, 5541 Main Ave, Albertville, Minnesota, having 3 dogs in their fenced yard. ��7 ....'5 10- es Address .f December 6, 2000 To Whom It May Concern: On December 5, 2000 I performed a kennel inspection at 5541 Main Ave Ne, Albertville, MN, the residence of David Tice. He is asking for a kennel permit to be granted for the keeping of 3 dogs within the City. Below is a report of what I observed. Indoor Shelter: The dogs are provided with free access to 4 feet wide by 12 feet long by 4 feet high -enclosed area inside the garage. The enclosure is insulated and pine shavings are provided as bedding. The enclosure was clean and size was more than adequate for the keeping the 3 dogs. Outdoor Shelter/exercise area: The back yard is fully enclosed in a 4-foot high chain link fence. There is shade provided by the trees for the summer months, as well as another dog enclosure that is outside. The yard was clean and feces are removed on a routine basis. Food/Water: Dogs appear to be well fed and in overall good health. Owner said dogs are fed on a daily basis and water is provided at all times. Food and water containers were clean. Dogs: Lab, female, 3 years old Lab, female, 7 months old Pomeranian, female, 4 years I could see nothing in the kennel inspection that was out of order or that I would recommend the applicants should change. I did remind them that the dogs could not bark excessively and -the owner was aware of complying with that ordinance as well. I have no records of barking complaints or any complaints of dogs at this address. It is my recommendation that a kennel permit be issued to the applicants. If you have any questions or concerns, feel free to contact me. Respectfully submitted, - �'`z S CC,,� �j Patty 'SSafzwedel Animal Control Officer 203 Chelsea Road Monticello, MN 55362 763-295-3808 cc: David Tice r B & B MASONRY, INC. 5157 MAIN AVE NE ALBERTVILLE, MN 55301 ID 9 20235128 PHONE: (763) 497-2987 Name / Address City of Albertville 5975 Main Ave NE Albertville, MN 55301 (.3" Date Estimate # 12/14/2000 E12002 Item Description Total 6000 Carpentry - Tx10' wall, including sheetrock, trim, paint 9000 Electrical, includes 4 outlets, 1 telephone jack. Does NOT include hook up to 1,080.00 main panel Thank you for considering B & B Masonry. Estimate good for 60 days. Total $1,080.00 Any alteration from specifications involving extra costs will be executed only upon written orders and may Please sigNretum to accept Estimate become an extra charge over and above the estimate. 5�c�) CITY OF ALBERTVILLE RESOLUTION # 2000-44 A RESOLUTION ADOPTING THE FINAL 2000 TAX LEVY COLLECTIBLE IN 2001 WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has determined that a tax levy upon the taxable property in the City of Albertville is necessary to provide sufficient funds for the operation of the City from January 1, 2001, through December 31, 2001; and WHEREAS, the Albertville City Council has posted notice according to Minnesota Statutes of a public hearing to discuss the proposed tax levy and the proposed budget for 2001; and WHEREAS, such public hearing has been held and the proposed budget and tax levy collectible in 2001 have been discussed, including the proposed percentage increase in taxes and the proposed uses of the funds generated from such proposed tax increases. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA, that 1. The following sums of money be levied for the current year, collectible in 2001, upon the taxable property in the City of Albertville, for the following purposes: GENERAL FUND $1,122,719 DEBT SERVICE FUNDS 1989 Refunding Bond $ 10,000 1992 Sewer Trunk Bond $ 8,500 1993C Refunding Bond $ 25,000 1996A G.O. Bond $ 10,928 1999A G.O. Bond $ 40,658 1999 Public Facilities Bond $ 79,984 2. The City Clerk is hereby instructed to transmit a certified copy of such levy to the County Auditor of Wright County, Minnesota, to be placed upon the tax rolls of the property within the City of Albertville. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 18TH DAY OF DECEMBER, 2000. John Olson, Mayor Linda Goeb, City Clerk CITY OF ALBERTVILLE RESOLUTION # 2000-45 A RESOLUTION ADOPTING THE 2001 FINAL BUDGET WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has adopted a final tax levy to be placed upon the taxable property in the City of Albertville; and WHEREAS, the Albertville City Council has posted notice according to Minnesota Statutes of a public hearing to discuss the proposed tax levy and the proposed budget for 2000; and WHEREAS, such public hearing has been held and the proposed budget and tax levy collectible in 2001 have been discussed, including the proposed percentage increase in taxes and the proposed uses of the funds generated from such proposed tax increases; and WHEREAS, the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA: 1. The attached budget is hereby adopted as the final budget for the City of Albertville for the period January 1, 2001 through December 31, 2001. 2. All monies designated within the budget as capital outlays shall be reserved within the Capital Reserves Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. 3. The Albertville City Council has hereby complied with Minnesota Statutes. 4. The City Clerk is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 18TH DAY OF DECEMBER, 2000. John Olson, Mayor , Linda Goeb, City Clerk SUMMARY OF PROPOSED 2001 BUDGET GENERAL FUND General Fund Revenue: 31010 Current Ad Valorem Taxes $ 1,122,719 32100 Business Licenses & Permits $ 12,000 32110 Liquor Licenses $ 13,200 32120 3.2 Liquor Licenses $ 200 32150 Sign Permits $ 4,200 32210 Building Permits $ 75,000 32240 Animal Licenses $ 200 33401 Local Government Aid $ 89,592 HACA $ 138,190 33405 Police Aid $ 8,000 133402 33406 Fire Aid $ 12,500 33422 Other State Aid Grants $ 7,500 33620 County Grants & Aids $ 6,000 34000 Charges for Services $ 1,500 34101 Lease Payments - City Property $ 2,800 34106 PID/Le al Description Requests $ 200 34107 Title Searches $ 600 34302 Fire Protection Contract Charges $ 45,000 34780 Park Rental Fees $ 2,000 35000 Fines & Forfeits $ 100 36210 Interest Earnings $ 25,000 total Revenues $ 1,566,501 General Fund Department Expenditures: 41100 Council $ 34,872 41300 Administrator $ 67,545 41400 City Clerk $ 110,427 41550 Ci Assessor $ 13,000 41600 Ci Attorney $ 20,000 41700 City Engineer $ 40,000 41800 Economic Develo ment $ 5,300 41910 Planning & Zoning $ 44,193 41940 City Hall $ 144,200 42000 Fire Department $ 169,980 42110 Police $ 233,600 42700 Animal Control $ 3,000 43100 Public Works - Streets $ 335,437 43160 Street Lighting $ 38,000 43200 Recycling $ 23,000 45000 Culture & Recreation $ 25,766 45100 Parks & Recreation $ 143,181 49300 ICapital Reserves $ 115,000 dotal Expenditures $ 1,566,501 C:/MyDocuments/Summary - 2001 BudgetAs 9/6/00 .r '-- A CITY OF ALBERTVILLE RESOLUTION # 2000-46 A RESOLUTION ESTABLISHING 2001 WAGES FOR CITY EMPLOYEES WHEREAS, the City Council is desirous of establishing the assignment of pay rates for the City of Albertville effective January 1, 2001 and NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following as its official pay rate to be used for the City's officers and employees based on employee classification. Classification Rate/Hour Administrator -Clerk -Treasurer $23.62 Secretary/Deputy Clerk $13.86 Lead Maintenance Worker $19.00 Maintenance Worker II $16.76 Water/Wastewater Operator $18.00* *Increases to $18.50 on July 1, 2001 BE IT FURTHER RESOLVED, that upon adoption, this resolution replaces Resolution #2000-2. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 18th DAY OF DECEMBER, 2000. John A. Olson, Mayor Linda Goeb, City Administrator